Monday, August 02, 2010

BIA Needs To Decide Cases Based On Facts Of Those Cases

Take a look at Lin v. Holder, No. 09-1269 (4th Cir. July 12, 2010). There, the BIA incorrectly based its ruling against someone seeking asylum from China on unrelated facts from someone else's case. The Fourth Circuit quickly ruled that if you rule on the case brought by Mr. Lin, you cannot rely on facts from the case of some other person named Mr. Liu. Even if the names are somewhat similar, they are different people and you need to make decisions based on the facts of your case, not some unrelated other person's case.

Will people in immigration court have to brace themselves for the possibility that the immigration judge will improperly rule against them based on the life story of a completely unrelated person, that an appeal to the BIA will improperly be denied, and that they will need to file a case with a federal court (assuming Congress does not restrict federal court review by then) just to force the judge to make a decision based on their lives, as opposed to someone else with a similar last name?


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