Confronted with error of epic proportions, BIA tries "Hail Mary!"

September 4, 2018

If you've been following my blog (it's OK if you tuned out a little for summer) you've heard about the big...wait - HUGE news: Pereira v. Sessions may have derailed the last 15-20 years worth of removals.  


So when I say NO ONE was surprised when the BIA issued Matter of German BERMUDEZ-COTA.  Needless to say the Immigration Courts and ICE  have flipped.  Former immigration judge Jeffery Chase wrote about the decision in his blog post entitled "The BIA vs. the Supreme Court." 


Mr. Chase brings up a point, and it is often lost on the public.  The lack of judicial independence, especially under Trump.  He notes that at the end of the day, the BIA works for Sessions, and ultimately Trump.  "In the mind of the BIA’s judges, the Supreme Court doesn’t have the ability to fire them, while the Attorney General does."


No one expects any fair system to always favorable decision to him or her.  But right now, the deck is being stacked against immigrants.  Conversely, this intimidation and lack of independence further undermines a system that is already considered to be piecemeal, outdated,


and draconian.  



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