home

11th Circuit Says Death Threats Don't Justify Asylum

From Full Court Press:

On May 5, 2006, the Eleventh Circuit issued a split, 2-1 decision denying asylum to a Colombian woman who, because of her political work, had been on the receiving end of menacing phone calls, a death threat note and gunfire. Previously filibustered, formerly recess-appointed, highly controversial Bush II pick Bill Pryor authored the majority opinion over a stinging dissent by Bush I appointee Ed Carnes.

Despite the growing evidence that immigration courts have been falling down on the job, the Eleventh Circuit has never - yes, never - reversed an immigration court's refusal to grant political asylum. In Luz Marina Silva's case, Judge Carnes felt the time had come. Unfortunately for Ms. Silva, Judges Pryor and Frank Hull (a Clinton appointee who regularly joins the court's most conservative wing) thought otherwise.

From the dissent by Judge Carnes:

As to the fact that Eleventh Circuit has never reversed an immigration judge's refusal to grant political asylum, Judge Carnes concluded: "[T]oday's decision indicates that such a case, like a fabled unicorn, exists only in our imagination."

The case is Silva v. U.S. Attorney General, 2006 U.S. App. LEXIS 11475 (May 5, 2006)

< Libby May 5 Hearing Transcript | Report: Rove Grand Jury Meeting Today >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Is he perhaps not unlike his sponsor, a little man in a big job? For let us not forget how twisted things can be in situations of power. Twisted even, that they apply to age old addadges, as demonstrated below. Power corrupts. Absolute power is a much more fun.

    Re: 11th Circuit Says Death Threats Don't Justify (none / 0) (#2)
    by Che's Lounge on Fri May 12, 2006 at 07:45:23 AM EST
    Not to worry. She can reapply again after she's killed.

    Ironic that we keep out somebody like her & let millions climb over the fence! Hey...that's an idea.. tell her to just climb over... then she's home free! No problemo...

    Euro bashers come and dip your bread in. The world is mad. PPJ is going to be even more insufferable; is that possible? Why am I doing this?

    Re: 11th Circuit Says Death Threats Don't Justify (none / 0) (#5)
    by squeaky on Fri May 12, 2006 at 10:17:18 AM EST
    BB is learning Spanish, wow.

    Oscar w.... The world is mad. Yep....the libs have totally f'ed things up all over the freakin planet. This is about on par with giving 12 million people (criminals) amnesty!

    Re: 11th Circuit Says Death Threats Don't Justify (none / 0) (#7)
    by jen on Fri May 12, 2006 at 02:39:05 PM EST
    BB See how easy it is to come in legally?

    Re: 11th Circuit Says Death Threats Don't Justify (none / 0) (#8)
    by kdog on Fri May 12, 2006 at 02:42:56 PM EST
    Nail on the head Jen. BB..you're right. I too say come on over...ignore the bueracrats. You have to if you wanna live free, as nature intended.

    See how easy it is to come in legally?
    Nice one Jen, classic. I still don't know why I threw that bone to the pack. Must be all the Faux News I've been watching, I'm just overflowing with flair and imbalance.

    Re: 11th Circuit Says Death Threats Don't Justify (none / 0) (#10)
    by Nowonmai on Fri May 12, 2006 at 05:42:43 PM EST
    I wonder how quick they would have been to come to that decision if they were held personally responsible for turning someone away, and after he/she is sent back, he/she was then killed?

    Oh. My. God.