On the last day of 2019, two important organizations joined in TIA’s Fifth Circuit challenge to Matter of Mendoza-Hernandez and Capula-Cortes, 27 I&N Dec. 520 (BIA 2019). The American Immigration Lawyer’s association (AILA) and the group of retired BIA/Immigration Judges known informally at the “Gang of 46” both filed Amicus Briefs on December 31, via unopposed motions which have now been granted by the Fifth Circuit Court of Appeals. Here are links to the briefs, which may also be obtained directly through their requisite authors:
https://tricheimmigrationappeals.com/wp-content/uploads/2020/01/AILA-Amicus.pdf
https://tricheimmigrationappeals.com/wp-content/uploads/2020/01/Phil-Torrey-Amicus.pdf
The broad question in the case is whether the Board of Immigration Appeals has sufficiently followed its duty to adhere to the Supreme Court precedent in Pereira v. Sessions, ___ U.S. ____, 138 S.Ct. 2105 (2016). With nationally know Pereira advocate Jerome Meyer-Cantú, and now also joined by AILA and the Gang of 46, Dr. Triche argues that Mendoza-Hernandez and Capula-Cortes must be rejected as too far outside the bounds of the clear instructions set by Justice Sotomayor in Pereira.