Online Editor of the LexisNexis Immigration Law Community (ILC)
Dan Kowalski reports for LexisNexis Immigration Community:
Daniel M. Kowalski
24 Jun 2020
CA2 on Changed Country Conditions: Tanusantoso v. Barr
“Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) petitioned for review after the Board of Immigration Appeals (BIA) denied their third motion to reopen, in which they alleged a change of country conditions for Christians in Indonesia. Petitioners argue that the BIA abused its discretion in denying their motion to reopen because it (1) failed to address their primary evidence of changed country conditions and (2) incorrectly concluded that their failure to submit a new asylum application with their motion made the motion procedurally deficient under 8 C.F.R. § 1003.2(c)(1). We agree with Petitioners. We find that the BIA’s one-and-a-half-page order failed to account for relevant evidence of changed country conditions and hold that § 1003.2(c)(1) does not require the submission of a new asylum application for motions such as this one. We therefore GRANT the petition for review, VACATE the BIA’s decision, and REMAND for explicit consideration of Petitioners’ changed country conditions evidence.”
[Hats off to WILLIAM W. CASTILLO GUARDADO and Dan R. Smulian, on the brief, Catholic Charities Community Services, New York, NY!]
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DISCONNECT: Remanding a case for a fair determination by an unconstitutional “court” system designed by Billy the Bigot to reject valid asylum claims.
WHAT SHOULD HAPPEN: “Remand” the case to a U.S. Magistrate Judge or a court-appointed Special Master with asylum expertise to give the respondent a fair determination on the motion to reopen, and if the case is reopened, to hear the case on the merits. Any appeals should go directly to the Court of Appeals, bypassing the unconstitutional and unqualified BIA.
To keep sending botched cases back to an unconstitutional and unqualified “court” system that is not a “court” at all is a complete waste of time and an abuse of taxpayer resources. It’s also grossly unfair to individuals who have to keep subjecting themselves to the abuses of “Billy the Bigot” and his illegal “designed to deny” Star Chambers! Additionally, it’s ethically questionable, given the overwhelming evidence of unfairness and dysfunction now in the public record.
Have the Judges of the Second Circuit taken the few minutes necessary to view “The Immigration Courts: Nothing Like You Have Imagined?” https://immigrationcourtside.com/2020/06/24/channeling-john-lennon-conservative-judiciary-revolts-hand-selected-over-two-decades-by-americas-chief-prosecutors-to-quash-dissent-promote-compliance-with-dojs-poli/
If not, why not? If so, what’s the excuse for futile and inappropriate remands to this unconstitutional and dysfunctional “non-system?” We need Federal Judges at all levels who “get off the treadmill” and start enforcing the Constitutional requirements of due process, fundamental fairness, impartial decision-makers, and equal justice for all.
Yes, America is suffering from near-total institutional breakdown and failure under the Trump’s kakistocracy and the institutional weaknesses he has exposed and exploited. But, that doesn’t excuse the failure of those who have the power to fix the system pretending like this is “normal.” It isn’t!
Due Process Forever!
PWS
06-25-20