ILNews

Circuit slams immigration appeals board

Michael W. Hoskins
January 1, 2007
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The 7th Circuit Court of Appeals in Chicago issued an immigration ruling today reiterating a message that the justice department isn't giving asylum cases enough review.

The opinion is one of an already long list of examples where Circuit Courts slam the nation's immigration court system, a mostly administrative process flowing through the U.S. Department of Justice. The 7th Circuit has been especially critical of the system.

In its three-page decision in Hanna Youssef Mekhael v. Michael B. Mukasey, No. 06-4285, opinion author Judge Richard Posner granted review and vacated a ruling from the administrative Board of Immigration.

The case involves a Lebanese citizen who sought asylum and relief here in July 2005 but was denied. That petitioner later asked for the case to be reopened because of new conditions in the home country, but the board denied that request because evidence wasn't persuasive, detailed "ongoing problems in Lebanon," and was available before the initial hearing.

"The Board's reasoning was remarkable, since the petitioner's evidence concerned dramatic, portentous events that had occurred after the administrative record was closed, and so could not have been discovered before the July 2005 hearing," Judge Posner wrote. "... The only ground of our decision is in the Board's failure to articulate a reasoned response to the motion. We understand the Board's staggering workload. But the Department of Justice cannot be permitted to defeat judicial review by refusing to staff the Immigration Court and Board of Immigration Appeals with enough judicial officers to provide reasoned decisions."
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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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