Thursday, December 6, 2018

At The (SF) Trial Court Level, Immigration Law Profs File A Brief... Trump, Tattoo-ed Edition.


The open and notorious butt-whipping -- of 45's unlawful, cruel and illogical asylee land grab -- continues, and continues. . . apace this morning.

A distinguished collection of US law professors -- each of whom specializes in teaching immigration law -- weighed in, via a perfectly graceful, spare, and elegant 19 page amici brief in East Bay Sanctuary, to say. . . Trump is a lost little would-be but never-was "Tangerine Mussolini", thus:

. . . .As a key agency precedent held over thirty years ago, an applicant’s manner of entry should influence discretion on a case-by-case -- not categorical -- basis. A decision-maker should treat manner of entry as “one of a number of factors,” including whether the claimant has sought asylum in another country before applying in the United States. Matter of Pula, 19 I. & N. Dec. 467, 473 (BIA 1987), superseded in part by statute on other grounds as recognized in Andriasian v. I.N.S., 180 F.3d 1033, 1043-1044 & n.17 (9th Cir. 1999). Manner of entry “should not be considered in such a way that the practical effect is to deny relief in virtually all cases.” Id.

Ignoring this longtime practice, the new DHS rule imposes a categorical bar that would result in denial of virtually all asylum claims filed by foreign nationals arriving at undesignated border points. In place of asylum, the new DHS rule would limit available remedies to withholding of removal or relief under the Convention Against Torture (“CAT”), which impose exponentially higher standards of proof on the applicant fleeing harm and do not provide lasting protection against removal. DHS rule’s categorical denial of asylum is therefore not “consistent with” the INA. For the same reason, the Proclamation accompanying the rule is beyond the President’s power under 8 U.S.C. § 1182(f). . . .


We trust you each will be better to one another, than Trump is -- to (that guy from Galilee's) "least of our brothers and sisters". Onward.

नमस्ते

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