Advocacy Groups Use Lawfare Against Acting AG's Right to Decide Immigration Cases
Law360 is reporting that Acting Attorney General (AG) Matthew Whitaker has followed in his predecessor's footsteps by certifying to himself a couple of cases decided by the Board of Immigration Appeals (BIA) in which he and his advisors apparently believe that the appellate tribunal may have gone off track. According to Law360 (partially behind a paywall):
The first case, known as Matter of L-E-A-, relates to when an asylum-seeker may establish persecution as a member of a family, and the second, called Matter of Castillo-Perez, relates to what types of criminal convictions disqualify an immigrant from other forms of deportation relief.
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The board's decisions in both of those cases are stayed pending Whitaker's decisions.
Some migrant advocates have condemned the move to certify. For instance, on immigrationcourtside.com, Jeff Chase says, "The BIA is rapidly becoming irrelevant. But since the Acting Attorney General isn't an expert in immigration laws, his decisions should get no deference from the real courts. And, then there is the question of whether he really is the Acting Attorney General."
https://www.cis.org/Cadman/Advocacy-Groups-Use-Lawfare-Against-Acting-Attorney-Generals-Right-Decide-Immigration-Cases