BIA Unpub. Cancellation Victory!

Superlitigator George A. Terezakis writes: "This case involved Judge Kolbe at Varick Street.  I extensively briefed her demonstrated bias and hostility throughout the proceedings, and her repeated directives to DHS to file additional charges of removability against my client.  She sought to unfairly limit my presentation of the equities supporting a grant for my client, by pressuring me to try not to develop the record, and when I refused, she abruptly stopped this detained hearing, and rescheduled it, which I believed to be retaliatory.  Even though she ostensibly adjourned the case so that we could hear the other witnesses, on that date she again sought to pressure me not to call them to testify, and sought to limit my direct exam of my client.  She had made up her mind what she intended to do, and it was obvious from the record. To make matters worse, she deliberately misstated the evidence and downplayed the nature and extent of the equities which supported a grant of cancellation of removal.  She disregarded the unrebutted testimony of our expert witness – a PhD in psychology who found our client suffered from previously undiagnosed bipolar disorder – and also misstated the experts findings.  The decision was a rebuke. The Board did not want to even deal with the extensive evidence of the IJ’s misconduct.  I believe the IJ thought the extent of my client’s prior record, and her wide discretion, would insulate her from any meaningful review.  My client is a 32-year-old Salvadoran national and has lived in this country since he was an infant."

[Hats off to George!  Please read his amazing bio.  Note that this May 28, 2024 decision by AIJ Saenz is a straight up grant, not a remand!]