Sunday, October 19, 2008

Lin (not precedential): BIA Erred By Not Addressing Issue On Frivolousness Warnings

sLin v. Mukasey (not precedential)
No. 07-2231
May 19, 2008
Scirica, Fuentes, Garth

In a per curiam opinion, the Third Circuit ruled that the BIA erred by not analyzing, ruling on, or considering an issue on appeal -- whether an asylum-seeker received warnings against filing a fake asylum claim if the warnings were written only in English and never translated nor given verbally.
On appeal to the BIA, Lin argued that the IJ erred by failing to consider that the written warnings [about a frivolous asylum application] appeared exclusively in English and were never translated. The BIA declined to address the argument, see A.R. 0004 n.3, and did not consider or adopt–either explicitly or implicitly–the IJ’s holding.
It will be interesting to see how the issue is decided.  But the Third Circuit's ruling simply points out that the BIA at times ignores the arguments raised, a basic task that courts must take care to do.  It is good to see that the Third Circuit is requiring the BIA to live up to its responsibilities -- including listening to and ruling on the issues raised in an appeal.


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