Normally, I enjoy a good Judge Posner decision. He's empathetic and thoughtful - he recognizes the obstacles (language barriers, difficulty accessing foreign documents, etc.) that many of our clients have to overcome in their question for immigration status. Last week, while his fellow judges denied a man's request to remove the conditions on his residence, obtained through marriage to a U.S. citizen who he ultimately divorced, Judge Posner again sided with the immigrant underdog, finding that the Immigration Judge should have given him a continuance to allow his former wife to testify about the bona fide nature of their marriage. His thoughtful opinion recognized the difficulties of a commuter marriage, blending a new family, and tackling family finances. I appreciated all of these remarks, as they accurately reflect what my clients often go through.
What I didn't appreciate was Judge Posner's categorical qualification of the private immigration bar as "weak." Like any other group of attorneys, we have our good and our bad, but I'd match many of my colleagues against any adversary on any day. I respect Judge Posner, and I hope in the future, he shows us a little more respect.
The full text of Bouras v. Holder can be found here: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D03-04/C:14-2179:J:Hamilton:aut:T:fnOp:N:1511234:S:0