Khagendra Sharma v. Eric Holder, Jr: A case study in modern day US Immigration Policy

This was the case before mine last Tuesday at the 5th Circuit Court of Appeals:

Khagendra Sharma v. Eric Holder, Jr. Docket

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.

5 thoughts on “Khagendra Sharma v. Eric Holder, Jr: A case study in modern day US Immigration Policy”

  1. This is my problem with the amnesty debate when it comes to Mexican immigration. People from all over the world would like to come here. Mexicans are able to jump the line because they sit right on our border. I lived in southeast Asia for a period of time, and those people couldn’t get a visa just to visit much less stay here forever.
    Then you get cases like this, where the Feds are actively trying to throw someone out, when they basically can’t go home without being persecuted.
    How much money did the DOJ waste on this bullshit case? And why? Did he commit any crimes while here? You frequently here cases about illegal Mexicans being arrested for crimes, and a lot of times they don’t get thrown out, at least not under this administration.
    The other problem which pisses me off is that we have DOJ attorneys going to bat on crap like this, while real crooks aka our local “leaders” keep stuffing their and their connected friend’s pockets with dirty money.

  2. Doug, good post on this case that we both witnessed being argued. Clearly, the appellant was the subject of appalling brutality and deserves asylum. Why DOJ would oppose the request was beyond me.

    Ross makes a great point too, though, that DOJ has a target-rich environment and should better prioritize its resources. Judge Elrod and her brethren were spot on in their pounding of the AUSA.

  3. The case the DOJ needs to pursue is the the illegal immigrant status of a certain person’s uncle ( can you guess who it is ?) born in Kenya who I believe runs a liquor store up east and has been here illegally for many decades. Was he tortured by toxic leaves or did he just know some politicos and now is securely protected by the number one politico in America.When media cameras came to his liquor store he ran and hid and refused to answer pertinent questions.

    I guess this e-mail has been recorded by the NSA and listened to due to key words- GOD BLESS AMERICA, that is, what’s left of it in these troubled times.

    1. Lockie, even worse the docket shows INS tried to deport him while the case was pending at the 5th Circuit. Why the secrecy on a matter such as this? That is the part I do not get.

Leave a Reply

Your email address will not be published. Required fields are marked *