Online Editor of the LexisNexis Immigration Law Community (ILC)
Immigration Law
26 Jun 2020
CA9 on CAT, Mexico, Zetas, LGBTQ: Xochihua-Jaimes v. Barr
“Substantial evidence does not support the BIA’s determination that Petitioner failed to meet her burden of proof under CAT that she would more likely than not be tortured, with the consent or acquiescence of a public official, if returned to Mexico. The BIA reached its determination by misapplying our precedents regarding acquiescence of a public official and regarding the possibility of safe relocation, as well as by making or affirming factual findings that are directly contradicted by the record. Contrary to the BIA’s determination, we hold that the existing record compels the conclusion that Petitioner has met her burden under CAT. … the record also includes extensive evidence that LGBTQ individuals are subject to a heightened risk of torture throughout Mexico. Considering all relevant evidence, we conclude that the record compels the conclusion that petitioner has met her burden of proof to establish that it is more likely than not that she will suffer future torture if removed to her native country. … We grant the petition and remand for the agency to grant deferral of removal pursuant to CAT because the record compels the conclusion that Petitioner will more likely than not be tortured if she is removed to Mexico.”
[Hats way off to appointed pro bono counsel Max Carter-Oberstone (argued) and Brian Goldman!]
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One of the best things about this case is that obviously frustrated by the BIA’s “malicious incompetence” and basically contemptuous treatment of binding Circuit precedent, the Court took the unusual step of granting the CAT application outright. Often, cases are remanded to the BIA for useless “redos.” Not only can they get lost on EOIR’s totally out of control docket of 1.4 million+ cases, but that gives the BIA another undeserved chance to concoct some bogus rationale to screw the respondent.
It’s past time for more courts to treat EOIR as the hostile “justice free zone” it has become under Sessions and now Barr. The absolute disaster at the DOJ under Barr was on full, ugly display before the House this week. Courts must treat the DOJ as the unethical, biased, renegade organization that it really is rather than pretending that it still performs any legitimate functions under our
Constitution.
The Supremes might feign ignorance of the Trump regime’s institutionalized racist assault on migrants, particularly those seeking protection. But, some of the lower Federal Courts finally are catching on to what’s happening here. How is this type of systemic, illegal, incompetent, and unethical performance by Billy Barr’s wholly-owned “courts” that are not “courts” at all deemed acceptable? People’s lives are at risk!
Better Executive + Better Legislature + Better Judges = Equal Justice for All!
PWS
06-27-20