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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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