US Attorney
General Expresses Concerns regarding the Treatment
of Aliens by Immigration Judges and the BIA
By James E. Root
On January 9, 2006,
U. S. Attorney General Alberto Gonzales issued a
memorandum directing the development of a comprehensive
review of the Immigration Courts and the Board of
Immigration Appeals (B.I.A.). The memorandum states:
“I have watched with concern the reports of
immigration judges who fail to treat aliens appearing
before them with appropriate respect and consideration
and who fail to produce the quality of work that
I expect from employees of the Department of Justice.
While I remain convinced that most immigration judges
ably and professionally discharge their difficult
duties, I believe there are some whose conduct can
aptly be described as intemperate or even abusive
and whose work must improve.”
Many Circuit Courts have expressed concern over
the frequency of below-standard decisions of Immigration
Judges. For instance, in Recinos de Leon v. Gonzales,
400 F.3d 1185, 1193-94 (9th Cir. 2005), the Ninth
Circuit found, “By streamlining the case,
the BIA offered no coherent alternative explanation
for the decision not dependant on the IJ’s
deficient finding of facts. Instead, the B.I.A.
rested on the IJ’s indecipherable explanation.”
The commitment of Attorney General Gonzales to review
the process of Immigration Judges and the Board
of Immigration Appeals is commendable. In his strong
memorandum regarding his expectations of Immigration
Judges he states, “I urge you always to bear
in mind the significance of your cases and the lives
they affect. To the aliens who stand before you,
you are the face of American justice. Not all will
be entitled to the relief they seek. But I insist
that each be treated with courtesy and respect.
Anything less would demean the office that you hold
and the Department in which you serve.”
(Mr. James E. Root practices exclusively Immigration
law. He has offices in the Los Angeles and Orange
Counties. For a free initial consultation please
contact 1(888) ROOT-LAW or visit www.RootLaw.com.)
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