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Matthew Kolken on Deportation And Removal

Immigration Judge Potentially Biased Against Gay Asylum Seekers

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The following excerpt is from a summary order issued by the Second Circuit Court of Appeals.

This is not the first time IJ Michael W. Straus has erred in adjudicating an application for deferral of removal by a gay or bisexual Jamaican man. See, e.g., Walker v. Lynch, No. 15‐184, 2016 WL 4191844, at *3 (2d Cir. Aug. 9, 2016) (granting the petition for review on the grounds that IJ Straus “totally overlook[ed]” the record evidence that the Jamaican government acquiesces in the torture of gay and bisexual men). The record in this case also contains examples of conduct potentially indicative of bias. For example, IJ Straus permitted the government to engage in a line of cross‐examination asking Brown irrelevant, demeaning questions about, among other things, his genitalia and sexual performance. The BIA might consider, on remand, whether justice, or the appearance of justice, would be served by reassigning the remand to a different IJ. See Huang v. Gonzales, 453 F.3d 142, 151 (2d Cir. 2006) (reassignment is appropriate to avoid bias or the appearance of substantial injustice).

I've never appeared before Judge Straus. If you have please put your experiences in a comment below.

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Updated 09-29-2016 at 10:33 AM by MKolken

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