Mendez (not precedential): Must Consider District Court Recommendation Against Deportation

Mendez v. Mukasey
http://www.ca3.uscourts.gov/opinarch/074678np.pdf
January 14, 2009
Not Precedential

Judges Fisher, Jordan, and Van Antwerpen. Per Curiam decision.

Overturning the BIA and IJ Frederic G. Leeds.

The immigrant claimed the FBI promised he would not be deported and that he would be in danger if deported due to his cooperation with the US government through a risk that the Dominican Republic government would or could not protected him from.

The BIA and IJ mistakenly assumed that a district court's recommendation against removal was irrelevant once DHS chose to proceed with a removal case. There were two troublesome aspects to the BIA and IJ's view -- first, a district court's recommendation is a very strong statement not a light recommendation. Second, the BIA and IJ thought that once ICE decides to go ahead with seeking deportation, the district court's recommendation was completely irrelevant. On the contrary, it is relevant in several ways -- it is evidence that there may have been an agreement about not deporting the immigrant and it is evidence toward showing the immigrant would be in danger if deported.

The Third Circuit did not raise Rranci v. Mukasey, 540 F.3d 165 (3d Cir. 2008), which outlines relief for informants against transnational organized crime. Before the Third Circuit, the immigrant pursued the case without legal representation. Hope he hires representation, that the IJ gives him appointed counsel, or that he reads this and raises relief under the Rranci case!