Sunday, May 27, 2012

Myers v. Holder, 661 F.3d 1178 (9th Cir. 2011)

Meyers v. Holder is an immigration case decided eight months ago in a 2-1 9th Circuit panel decision, and written by the same judge who sought clemency for Shirley Smith despite three Supreme Court reversals. The decision represents a serious departure from integrity and a questionable disrespect for the law.

Meyers originally sought delay of his deportation in federal court and his request was denied. His petition for cert. in the Supreme Court was denied  Returning to the 9th Circuit, he sought mandate to delay deportation until the BIA heard his motion to rehear the case.  The majority opinion cites nothing but a string of cases based on procedural law and ignores the absence of any request to the BIA for reopening the hearing.  No analysis, no reasoning. Motion to stay mandate granted.

The dissenting judge cities the BIA statutory and Agency rule applicable in considering a motion to reopen. Meyers never submitted his request for a stay to the BIA.  The court majority overrides the statute, ignores BIA rules and regulations,  and grants the stay without  any explanation.

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