Judge Posner’s “Love Affair” With the IJs and BIA Continues

Click here for the full Seventh Circuit opinion.  Thanks to Dan Kowalski for pulling out the punchline:

The immigration judge (O. John Brahos, whose decision was affirmed in a one-sentence per curiam order by the Board of Immigration Appeals) doubted the applicant’s credibility on grounds that, because of factual error, bootless speculation, and errors of logic, lack a rational basis. These have been common failings in recent decisions by immigration judges and the Board. Hanaj v. Gonzales, 446 F.3d 694, 700 (7th Cir. 2006); Tabaku v. Gonzales, 425 F.3d 417, 423 (7th Cir. 2005); Hor v. Gonzales, 421 F.3d 497, 500 (7th Cir. 2005); Lin v. Ashcroft, 385 F.3d 748, 755-56 (7th Cir. 2004); Cao He Lin v. United States Dep’t of Justice, 428 F.3d 391, 403 (2d Cir. 2005); Elzour v. Ashcroft, 378 F.3d 1143, 1153-54 (10th Cir. 2004); Dia v. Ashcroft, 353 F.3d 228, 249, 250 (3d Cir. 2003) (en banc); Gao v. Ashcroft, 299 F.3d 266, 278-79 (3d Cir. 2002).

A  P.S.  from Michael Olivas

. . . ya gotta love Posner when he is dogging immigration matters: “The IJ’s credibility findings in their weirdness gave the BIA pause…” (at 3)

KJ