🛡️⚔️⚖️ LATEST ROUND TABLE AMICUS CHALLENGES MATTER OF M-R-M-S- (NEXUS/FAMILY BASED PSG) IN 10TH CIR. — O.C.V. v. Garland

Knightess
Knightess of the Round Table

I. The BIA’s holding in Matter of M-R-M-S- represents a

significant change in the nexus standard in family-

based asylum cases. …………………………………………………….. 5

II. Requiring IJs to determine a persecutor’s subjective,

dominant intent sets judges on a wild goose chase that

will damage uniformity and efficiency. …………………………. 10

III. Matter of M-R-M-S- reduces fairness by requiring a

different standard for family-group applicants and

misunderstands the nature of asylum claims. ………………….16

You can read our full brief here:

2024.04.29 – OCV Amicus Brief FINAL

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There’s lots of “good stuff” in our brief for those NDPA warriors fighting against M-R-M-S- in the Circuits! ⚖️

Many, many thanks to our “pro bono drafting heroes” at Perkins Coie LLC in Seattle, WA: Erik Kundu & Rebecca Human!🙏🏽😎🗽

Erik Kundu, EsquireAssociate Perkins Coie LLC Seattle, WA PHOTO: Perkins Coie
Erik Kundu, Esquire
Associate
Perkins Coie LLC
Seattle, WA
PHOTO: Perkins Coie

Couldn’t have done it without you!

🇺🇸 Due Process Forever!

PWS

05-04-24

⚖️🛡⚔️ROUND TABLE AMICUS BRIEF IN SUPREMES’ SANTOS-ZACARIA V. GARLAND (EXHAUSTION BEFORE EOIR) GETS “PLAY” ON “STRICT SCRUTINY PODCAST” WITH PROFESSORS LEAH LITMAN (MICHIGAN LAW) & KATE SHAW (CARDOZO LAW)!

Professor Kate ShawCardozo Law PHOTO: Cardozo Law Website
Professor Kate Shaw
Cardozo Law
PHOTO: Cardozo Law Website
Professor Leah Litman
Professor Leah Litman
University of Michigan Law
PHOTO: Michigan Law Website

Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny’s first live show of 2023! Penn Law Professor Jasmine E. Harris joined the hosts to recap arguments in a case that could impact disability rights. Kate and Leah recap two other arguments, in a case about immigration law and another about the ability to criminally prosecute corporations owned by foreign states. Plus, a major update about the Supreme Court’s “investigation” into who leaked the draft opinion of Dobbs last spring. And Temple University Law School Dean Rachel Rebouche joined the hosts to talk about some concerning updates in abortion access– an unfortunately commemoration of the 50th  anniversary of Roe v. Wade.
• Here’s the report summarizing the Supreme Court’s investigation into who leaked the Dobbs opinion. (TLDR: they still don’t know who did it, but they tried their best? Former United States Secretary of Homeland Security Michael Chertoff said so.)

To hear the comments on our amicus brief “tune in” at 14:00 (lots of other “interesting commentary” on other cases if you listen to the entire program):

https://podcasts.apple.com/us/podcast/strict-scrutiny/id1469168641?i=1000596018641

Here’s a copy of our amicus brief drafted by our pro bono heroes at Perkins Coie LLC:

Round Table Amicus Santos Zacaria v. Garland

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“With the highest possible human stakes,” amen, Kate! I get that, you get that, those stuck in the “purgatory of EOIR” get that! But, sadly, Biden, Harris, Garland, Mayorkas, their too often bumbling bureaucrats, and a whole bunch of Federal Judges at all levels DON’T “get” the dire human consequences and the practical impact of many of their decisions. That’s particularly true of those that give EOIR a “pass” on bad interpretations, opaque procedures, and a “super-user-unfriendly” forum that all too often defies logic and common sense!  If they did “get it,” EOIR wouldn’t be the dystopian, likely unconstitutional, and life-threatening mess that it is today!

All you have to do is imagine yourself to be an unrepresented individual, who doesn’t speak English, on trial for your life in this messed up and unaccountable “court” system that holds millions of lives in its fumbling hands! Seems like a “modest ask” for those who have risen to the Federal Bench. But, for many, it’s a “bridge too far!” Let’s just hope that the Court does the “right thing” here!

Thanks to Round Table Maven Judge “Sir Jeffrey” Chase for spotting this!

🇺🇸 Due Process Forever!

PWS

01-26-22