The Kritarchy and asylum fraud are two of the important immigration issues of our time. Asylum is used by the Kritarchs as a convenient and ostensibly publicly acceptable battering ram to invalidate longstanding laws and enforcement practices. No more so than the ongoing issue at the border with Mexico and the zerg rush of illegal aliens from all over the world. But the border issue with kritarchs and asylum is not the only problem; inside the United States asylum claims are used routinely to sabotage immigration law and practice as well.
A case in point is Kritarch Charles Breyer, Clinton appointee and brother of radical Supreme Court Justice Stephen Breyer, and a failed Chadian refugee, Abderaman Oumar Yaide, whose asylum claim was rejected by Board of Immigration Appeals (BIA), the highest level of immigration appeals, and was ordered deported. Yaide then decided he was gay and filed another appeal with the BIA, which is outside accepted practice, but such an appeal has no legal impact as the Final Order Of Removal was not suspended by the BIA in response to the second appeal. Yaide was then legally deported, notwithstanding the outstanding appeal to the BIA.
Then we get Kritarch Breyer involved exercising his ideological imperative to elect a new people of color.
In August 2019, Yaide was arrested by immigration officials and placed in deportation proceedings. He and his lawyers asked the Bureau of Immigration Appeals to reconsider his asylum claim due to the fact that Chad had outlawed homosexuality in 2017.
But while the appeal was being processed, Yaide was deported back to Chad, in Central Africa, where his lawyers say he fears he will be “tortured and killed by his own family, clan, or the government.”
In December, Judge Breyer ordered the federal government to return him to the U.S.
[Judge Orders Trump Administration to Quickly Bring Back SF Man Wrongly Deported to Chad, by Michelle Wiley, KQED, February 15, 2020]
Kritarch Breyer thinks that he can order an alien brought to the United States. That is not true. Nor may Kritarch Breyer prevent a deportation order from being executed. That also is illegal. District Court judges have no authority over Final Orders Of Removal. Nor may a District Court judge in California review the procedures of the BIA, located in Virginia.
But besides the kritarchy issue, we have a convergence with asylum fraud. U.S. Citizenship and Immigration Services (USCIS) saw through the asylum claim and denied it for fraud. The BIA concurred, but the fraud by Yaide continued. He suddenly said he was a homosexual after losing his first claim.
Yaide came to San Francisco in 2009, seeking political asylum. His case was denied by an immigration judge in 2014, and for years he’s been appealing the decision. Since then, Yaide has come out as gay.
Yaide did not include his homosexuality on his initial claim, which is probably why the BIA was skeptical on second appeal, as that only came up as his deportation became more likely, aided by homosexuality being formally outlawed in Chad in 2017, though in practice it has always been punished either officially or by tradition in this Muslim nation.
There is, of course, no evidence that Yaide is homosexual or being oppressed by the government. For both, all we have is convenient claims, and his initial asylum claims were rejected, which says much about his credibility. Anyway, in asylum cases, you cannot claim asylum if you are known to the government and nothing happens to you. Formally it is called re-availing yourself of the protection of their country, which means availing oneself of the services of the government. This is the standard, because if you interact with the government supposedly oppressing you and the government takes no action against you, then you are not a true asylum claimant; you have no claim to be persecuted by your government.
And this is true of Yaide: He availed himself of government services, nor was he tracked down and arrested.
But while the appeal was being processed, Yaide was deported back to Chad, in Central Africa, where his lawyers say he fears he will be “tortured and killed by his own family, clan, or the government…”
Since being back in Chad, his lawyers say Yaide has been in hiding.
“For the moment, he is not in immediate danger,” said McMahon. “But I think that every day that he spends there heightens the risk, and I don’t want to keep taking that risk.”
On Friday, McMahon reported that Yaide was able to obtain a Chadian passport. He did so with the help of a third party, in part because he’s afraid to go out in public, McMahon said. That brings him one step closer to being able to return to the U.S.
However, by obtaining a passport he availed himself of government services, by both obtaining a passport (which can only be done in person) but in any case he provided his name to the government (whether through a third party or not) and being processed through Chadian government immigration and customs services when he was deported. That shows that the Government of Chad had no intention of persecuting him. Furthermore, the fact that his family has not tracked down and killed him also says that his claim is bogus.
And that is the reason why judges don’t make asylum decisions, the political branch of government makes those decisions; fraud is just too prevalent and kritarchs don’t care about fraud.
It is time to end the kritarchy. While we can’t impeach Breyer, the Trump Administration can ignore his order, dismissing it as illegal.
Breyer can call anyone he wants from the State Department before him, but the U.S. Marshal for the Northern District of California should be ordered to ignore any order from Kritarch Breyer related to his illegal actions attempting to illegally bring an alien to the United States. As Alexander Hamilton said of the judicial branch; “…no influence over either the sword or the purse, …It may truly be said to have neither FORCE nor WILL, but merely judgment.”