BREAKING NEWS

Biden Admin to Consider Asylum for Illegal Aliens, Criminals

Posted On 10 May 2022
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Attorney General Merrick Garland has ruled that judges considering asylum cases can take into consideration the mental health of criminals attempting to come into the country.

Under the Immigration and Nationality Act, illegal immigrants seeking entry into the country would be made ineligible for both asylum and withholding of removal if they have been convicted of a “particularly serious crime,” and pose a “danger to the community of the United States.”

In a decision handed down by Garland, judges considering these cases can now take into consideration the mental health of these immigrants in their rulings.

In a specific matter ruled on in 2014, titled Matter of G-G-S-, the Board had determined “that a person’s mental health is not a factor to be considered in a particularly serious crime analysis.”
This decision rested on two factors: first being that “whether and to what extent an individual’s mental illness or disorder is relevant to his or her commission of an offense and conviction for a crime are issues best resolved in criminal proceedings by finders of fact,” and the that immigration adductors “cannot go behind the decisions of the criminal judge and reassess any ruling on criminal culpability.”
The second reasoning being that the Board said an immigrants “mental condition does not relate to the pivotal issue in a particularly serious crime analysis, which is whether the nature of his convictions he sentence imposed, and the circumstances and underlying facts indicate that he posed a danger to the community.”
The specific case before Garland involved a Mexican man who had been convicted of burglary in April of 2017, and served four years of imprisonment.

The man attempted to seek a withholding of removal, with the memo stating that the man said “if he returned to Mexico, he would be persecuted on the basis of his sexual orientation and mental health condition.”
The judge ultimately decided against the man’s appeal, with the Board upholding the decision.
The Board however “remanded the case for further consideration of respondents application for deferral of removal under the Convention Against Torture based on additional evidence showing respondent’s worsening mental health symptoms,” the memo stated.
In response to the case, Garland said that “both respondent and the Department of Homeland Security now agree that G-G-S- is erroneous and should be overruled.” Garland had directed the board to send the case to him for review in December.
“In some circumstances, a respondent’s mental health condition may indicate that the respondent does not pose a danger to the community,” Garland wrote, using the example of a victim of domestic abuse that is convicted of assaulting their abuser.
“Of course, an individual may pose  a danger to the community notwithstanding a mental health condition, and in those cases, the ‘particularly serious crime’ bar to asylum and withholding removal may apply,” he continued.
“But the potential relevance of mental health evidence to the dangerousness inquiry sufficed to establish such evidence should not categorically be disregarded, as G-G-S- held.”
Originally, the act stated that those convicted of aggravated felonies are considered serious crimes in cases where asylum is being sought, and these felonies are considered serious crimes if the defendant was sentenced for at least five years in prison for the purposes of withholding removal.
“For all other offenses, the INA does not specify when a crime qualifies as particularly serious, The Board has filed that statutory gap by holding that, where the statute’s per se rules do not apply, adductors must determine on a case-by-case basis whether a conviction is for a particularly serious crime,” the decisions states.
It states that the Board says the “essential key” in determining these cases is whether the offense is serious enough that it “indicated that the [respondent] poses a danger to the community.”Original Article: https://thepostmillennial.com/breaking-biden-administration-to-consider-asylum-for-criminals-with-mental-health-issues

 

 

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  1. Mary Carter May 10, 2022 at 8:58 pm Reply

    Yes, by all means give them everything that you have taken from us don’t worry about the babies and all who are starving, helpless and good citizens. What religion did you say you so devoutly follow? Sorry I have a bad memory.

  2. Doris Lauter May 10, 2022 at 9:03 pm Reply

    It just shows that this demented old man doesn’t give 2 hoots for the American people or our country. He should be sent out to pasture and never come back. He stole the election and should go to prison for that.

  3. STEPHIE COX May 10, 2022 at 9:09 pm Reply

    I HAVE A BETTER IDEA……….SEND ALL ILLIGALS AND DRUGGIES TO LIVE IN THE WH, WITH THE REST OF THE “NUTS”!!

  4. bozo mctavish May 10, 2022 at 9:09 pm Reply

    this asshole needs to be booted out of office as like 6 months ago !!!

  5. linda droz May 10, 2022 at 9:49 pm Reply

    need a net quickley they are all f..k..g nuts need to drop it!!! send them all to an island in sibera!!! with no commuications…

  6. Rosie46 May 10, 2022 at 10:09 pm Reply

    Biden aids our enemies by arming them – $85 billion in arms left in Afghanistan for the terrorists.
    Biden opens our borders to criminals, drug and human traffickers, gangs, terrorists. Then floods our communities with drugs and violence.
    Biden shuts down our pipelines causing shortages and inflation.
    Let’s not forget his new Ministry of Truth to inflict more censorship.

    Now he wants amnesty for illegals (those listed above) – how many ways can one say TREASON. He should be in Gitmo, instead of planning to pay back Ukraine for the millions they gave the Biden crime family in bribes. He should be in Gitmo being tried for treason.

  7. Notalib May 10, 2022 at 10:26 pm Reply

    This administration is the most incompetent, corrupt administration I’ve ever seen.
    They are illegal aliens. Round them up and send them back. They do NOT deserve anything from the U.S. Taxpayer. Now they are going to get a free mental exam?

    Give us a f***ing break Biden. We are the citizens. Not the illegal aliens.

  8. Notalib May 10, 2022 at 10:28 pm Reply

    Did you just delete my comment?

    If so tell me where your opt out button is.

  9. John sweet May 10, 2022 at 10:40 pm Reply

    Watch how fast they shut down the border and expel illegals if there were a law stating that they, the illegals can only vote Republican for the first four years in the USA.

  10. F J B May 10, 2022 at 10:56 pm Reply

    THAT’S TREASON BY THE CORRUPT COMMUNIST JOE BIDEN AND HIS CORRUPT COMRADE! WHERE CORRUPT COMMUNIST JOE BIDEN IS A ILLEGAL PRESIDENT IT MAKES IT LEGAL TO GO AFTER CORRUPT COMMUNIST AND HIS COMRADE! EVERY EXECUTIVE ORDER AND BILLS PASSED SIGNED BY THE ILLEGAL PRESIDENT ARE NOT LAW AND IS ILLEGAL FOR THE CORRUPT COMMUNIST GOVERNMENT REGIME CAN NOT INFORCE ANY IF THEM!!! FACT !!!! CORRUPT COMMUNIST JOE BIDEN AND HIS COMRADE’S YOU ARE IN THE AMERICAN PEOPLE’S WHITE HOUSE ILLEGALLY AND YOU WILL IN FACT BE EVICTED FROM THE AMERICAN PEOPLE’S CAPITAL!!!

  11. Bemused Berserker May 10, 2022 at 11:05 pm Reply

    Just what we need, more butt pirates in this country.
    I’m so sick of this BS. Build the Damn Wall already.

  12. PattiO May 11, 2022 at 12:42 pm Reply

    what i’m getting out of this is that i can go and assault garland for abusing my domestic rights as an American which he is abusing by not holding up constitutional sovereignty law and letting in all these illegals to assault our nation, especially the mexican cartels, America is under attack domestically and it’s the democrats fault

  13. Rosie46 May 12, 2022 at 9:42 pm Reply

    How soon can we try the criminals running our government for treason. Where did these people come from – clones from the CCP sent here to destroy our country? Bring our military back from Europe – all 100,000 and use that $40 billion in bribes and a slush fund for kickbacks to US and Ukranian oligarchs and protect our borders and deport every illegal that has entered this country since Biden entered the WH. Even let Fauci vaccinate them on their way out.

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