The Council and Other Immigrant Rights Organizations File Amicus Brief Arguing Acting AG Whitaker Lacks Authority to Decide Immigration Case
The American Immigration Council and other immigrant rights organizations filed an amicus brief in Matter of Negusie.
In Matter of Negusie, former Attorney General Jeff Sessions referred to himself the question of whether coercion and duress are relevant to the application of the immigration statute's persecutor bar for individuals seeking asylum or withholding of removal.
The amicus brief argues that Mr. Whitaker lacks the authority to adjudicate Matter of Negusie, or any other immigration matter. Specifically, the brief explains how Mr. Whitaker's designation violates the Appointments Clause of the Constitution, violates statutory law specifically governing succession to the Office of the Attorney General, and results from a misapplication of a more general statute, the Federal Vacancies Reform Act The brief also outlines the critical flaws in the Department of Justice's Office of Legal Counsel's opinion, which was issued in support of the designation. Because President Trump's installation of Mr. Whitaker as Acting Attorney General is unlawful, he cannot perform the duties of the office, which include referring and adjudicating immigration cases.
Related Resources
- AILA Submits Amicus Brief in Matter of M-S- Challenging the Attorney General's Irregular Certification Process
- AG Refers BIA Case to Himself and Invites Amicus Regarding Coercion and Duress Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
- BIA Dismisses Appeal and Sets Forth Standard for Evaluating Claims of Duress Matter of Negusie, 27 I&N Dec. 347 (BIA 2018)
- Featured Issue: Immigration Courts