The small ball wins keep adding up under Based Bill Barr. While the underlings in the immigration bureaucracy continue their subversion and sabotage, at the apex of the immigration bureaucracy, the Board of Immigration Appeals (BIA), the victories keep adding up. In this case illegal aliens prevented from gaming the asylum system have turned to using the Convention Against Torture (CAT) to remain in the United States, but those attempts have hit their own road block.
Based Bill Barr Racking Up The Victories
First, CAT and Withholding of Removal (WOR) are being pushed by the Treason Bar as alternatives to asylum as the fraud there is cleaned up by recent rulings by former Attorney General Jeff Sessions and Attorney General Bill Barr, especially restricting asylum claims after passing through safe third countries and by crime victims.
For most migrants fleeing violence or persecution, getting asylum protections in the U.S. has never been easy.
Since President Donald Trump took office, his administration has repeatedly tightened the rules, and narrowed who qualifies for asylum. Today, it’s practically impossible.
Immigration attorneys are turning away from the “gold standard” — asylum — and putting more effort into the two major legal alternatives: withholding of removal and the U.N.’s Convention Against Torture.
[As Access To Asylum Narrows, These Alternatives Are Some Immigrants’ Only Hope, by Elizabeth Trovall, Houston Public Media, February 4, 2020]
Thankfully, Based Bill has had the BIA counter this move by restricting CAT claims to only valid claims of possible torture, not baseless claims unsupported by any evidence. Of course, the Treason Bar is outraged! In a recent decision, the BIA said CAT only applies to cases where government officials are acting in official capacity, not running illegal criminal enterprises on their own time, or in this specific case, most likely just impersonating government officials.
In the Matter of OFAS, the BIA correctly observed that the claim was based on a single criminal activity by a group purporting to be Guatemelan police officers, and this is important because the record showed that the “police officers” robbing a victim fled when a neighbor called the real police.
The country conditions evidence in the record that reported on crime and safety issues in Guatemala also does not establish that it would have been futile for the respondent to report the beating incident to the police. See U.S.Dep’t of State, Bureau of Diplomatic Sec., Overseas Security Advisory Council, Guatemala Crime Safety Report (2017, 2018). Although the reports reflect that the PNC lacks personnel and training to control gang activity and that police investigations typically do not result in an arrest or a conviction, they also indicate that the PNC has made some progress in the reduction of crimes. Further, the fact that the police were dispatched to the respondent’s home when they were called is evidence that the Immigration Judge reasonably considered in finding that it would not have been futile for the respondent to report the beating incident. Consequently, we conclude that the Immigration Judge properly denied the respondent’s application for withholding of removal under the Act.
The Immigration Judge properly denied the respondent’s application for protection under the Convention Against Torture. He determined that the men who beat, robbed, and threatened the respondent were not public officials and, even if they were, they were not acting in an official capacity and were therefore rogue officials. Further, the Immigration Judge properly concluded that the respondent did not establish his eligibility for asylum and withholding of removal under the Act. Accordingly, the respondent’s appeal will be dismissed.
ORDER: The appeal is dismissed.
[Matter of O-F-A-S-, Respondent, BIA, December 6, 2019]
This shows the import of appointing the right people to positions in the bureaucracy. President Trump has had problems in this area, John Kelly, Elaine Duke, Kirstjen Nielsen, Kevin McAleenan, etc. Based Bill Barr knows better and selects the right people, and they are producing small ball victories. Now we need Ken The Knife to step up for some big ball victories, like an Executive Order on Birthright Citizenship or raids, sweeps, and checkpoints.