New decision: Matter of O-R-E-:
Laches (delay) cannot be a defense in removal proceedings. One more tool taken away from us.
justice.gov/eoir/page/file…
Laches (delay) cannot be a defense in removal proceedings. One more tool taken away from us.
justice.gov/eoir/page/file…
As @Allandaros notes, the respondent in this case couldn't convince the court he didn't participate in the Rwandan genocide. Bad facts make bad law.
But the Board did something interesting, too.
It noted that equitable defenses like laches originate from the Constitution.
But the Board did something interesting, too.
It noted that equitable defenses like laches originate from the Constitution.
Article III, to be specific. Real courts have this authority: immigration "courts" don't qualify.
So when we talk about due process in imm courts, we mean creating courts pursuant to Constitutional authority. For immigration, that's Article I. fedbar.org/government-rel…
So when we talk about due process in imm courts, we mean creating courts pursuant to Constitutional authority. For immigration, that's Article I. fedbar.org/government-rel…
The imm judge union has been vocal and adament: we need to give them the authority to make truly independent judicial decisions.
This is the United States of America. We believe in due process, prior administration attempts to convince the world otherwise notwithstanding.
This is the United States of America. We believe in due process, prior administration attempts to convince the world otherwise notwithstanding.
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