according to thread mom was granted withholding of removal (mandatory form of relief under the INA) as IJ found that she faces more than 50% chance of political persecution if returned to Venezuela. This is an extremely difficult relief to obtain because of the high burden 1/
Dad is a legal permanent resident (has a green card) but we do not know the basis for the grant. If he was granted asylum these should have been follow to join cases so not likely that it was the basis. Perhaps employment based. 2/
Mom was for some reason found ineligible for asylum because of a mandatory or discretionary #asylumbar, ergo the withholding grant. Perhaps it was #transitcountry bar or a criminal (serious non-political crime) [not likely]. What else could it be #immigrationtwitter? 3/
But this brings me to the real issue which may be the root cause for this tragedy! Withholding of removal is not a derivative benefit under the INA. Meaning if the mom filed an I-589 & listed all her 3 kids in the application but no separate I-589 applic were filed for kids... 4/
... any kid or derivative bene is out of luck. But I doubt this was a procedural denial. I have the sinking feeling that the IJ ruled that the little kids do not have a withholding claim (50% chance) on their own (how could they, Duh!?!) unless their claim is a separate SPG ...5/
... based case on Particular Social Group deriving from being members of the nuclear family of a political dissident (their mom). It make sense but Sessions tried to gut it in Matter of L-E-A (imposing a case-by-case analysis as to whether family can meet the PSG and nexus) 6/
Now, matter of L-E-A is challenged (I think by CLINIC) in SAP v Barr in District of Columbia but circuit precedent is bad before that decision was issued & IJ conveniently cite to binding circuit precedent [here it is 5th Circuit yoo-hoo!] rather than L-E-A or Matter of A-B- 7/
*** Clarification form @ImmDef: separate I-589s were filed for all kids but IJ denied coz “Judge thinks future persecution to them is speculative & hard to believe it is because of mother's political opinion.”
Are U f* kidding me? Speculative????
Are U f* kidding me? Speculative????
@ImmDef So, before you all get up in arms: On this one the fault is squarely in Congress' court for drafting the utterly dysfunctional immigration relief system we have which is dripping w disdain for new immigration. END
@ImmDef UPDATE: per @ImmDef the 3 little kids are still in CBP custody.
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This is so unbelievably infuriating yet we all knew and warned that it was coming. Dwindling asylum eligibility to a drip result in Congressional #familyseparation even 4 parents who receive withholding.
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This is so unbelievably infuriating yet we all knew and warned that it was coming. Dwindling asylum eligibility to a drip result in Congressional #familyseparation even 4 parents who receive withholding.
