Greg Siskind on Immigration Law and Policy
OUTRAGE OF THE DAY: ASYLUM JUDGE REBUKES PETITIONER FOR WEEPING DURING TESTIMONY
Of all the gripes I have about the Bush Administration's management of the immigration process, one of the positive developments I've seen is its finally exercising some oversight over certain out of control asylum judges. Some of the Circuit Courts have been doing the same.
The NY Times reports today on one of those hostile judges (though to be fair, this particular judge seems to have just lost it in this case and did not have as bad a reputation as others). Judge Noel Ferris who actually wrote in her denial that the petitioner's crying was "out of proportion" and influenced her decision negatively. Read the report for yourself. The Third Circuit ruled that the applicant was entitled to a new hearing so there is some good news here:
"a credibility finding rooted in flawed reasoning cannot stand."
Besides rejecting the judge's decision as "speculative and
conjectural," and faulting her exclusion of important documents in the
case, it said her comments and her conduct raised doubts about the
fairness and reliability of the record, requiring that another
immigration judge hear Mr. Sun's case.