Wednesday, November 26, 2008

Fourth Circuit Adds to "rising tide of criticism" of Immigration Decisions

Federal Courts of Appeals judges, especially Judge Richard Posner of the Seventh Circuit, have bveen critical of ther immigration bureuacracy's reasoning in removal cases.  The Fourth Circuit, perhaps the most conservative circuit in the United States, in an opinion by Judge Diana Gribbon Motz adds to the "rising tide of criticism":

"An IJ cannot have it both ways, finding an applicant and his documents incredible for one purpose and yet relying on them for another. ... This sort of judicial sleight of hand constitutes the very definition of an abuse of discretion. ... Before concluding, we note that academic literature and court decisions have grown increasingly strident in their criticism of the immigration review process. Our finding today adds to this rising tide of criticism."  (emphasis added).

Zhu v. Mukasey (4th Cir. Nov. 25, 2008).


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