This was the case before mine last Tuesday at the 5th Circuit Court of Appeals:
I wanted to read the appellate briefs but couldn’t due to the fact the case documents appear to be sealed. Because of the way oral arguments work at the Federal Appellate level it is not always easy to discern the factual issues associated with the case but after hearing the totality of the arguments I knew it was the type of case that would attract my interest.
When arguments concluded I’ll confess that I actually thought of a few things that I’d read on Tom Freeland’s blog regarding the practice of law here down south. Ms. Carmichael was literally destroyed by Judge Elrod, who did it all with a smile on her face. After arguments were done, the look on Ms. Carmichael’s face told the entire story.
This is what I can tell you about this case. It involves someone from a foreign land trying to stay in the US because of political persecution in his homeland. The record shows the man was singled out for special treatment by the authorities in Nepal such special treatment including torture where he was stipped naked and beaten with poisonous plants (think Nepalese poison ivy, sumac or something along those lines), urinated upon by his captors (and worse) because of his sincerely held political beliefs. He even had family members kidnapped.
In the modern day United States Immigration framework such does not constitute enough proof of political persecution to be allowed to stay here. I personally think it exhibits everything that is wrong with using racial stereotypes and animus as the backdrop for the design of a coherent immigration policy. Immigration is not a law and order issue folks. Except in cases like Mr. Sharma’s, immigration is an economic issue.
The Judges, especially Judge Elrod, pretty much told Ms. Carmichael of Team DoJ the Board of Immigration Appeals was gonna lose this case. Based upon what I heard, such will absolutely be the right decision. Cam Barker expertly represented Mr. Sharma.