Thursday, February 9th, 2017

WHAT THE THIRD CIRCUIT MISSED IN VERA, PART TWO: A PRACTICAL EXAMPLE OF WHY ACCEPTING UNREFUTED BUT UNSUPPORTED GOVERNMENT ASSERTIONS IS PROBLEMATIC

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"As explained in my previous blog post, the assertion of lack of prejudice that formed an important part of the Third Circuit’s initial decision in Vera was based on an error.  It has now become apparent that the presumption of a proper waiver in the Third Circuit’s decision was also based on an error, one that helps illustrate why courts in the immigration context should be reluctant to indulge unproven executive-branch assertions about how something must have happened.  The Third Circuit has now had to vacate its decision in Vera, because the government discovered that Ms. Vera actually was not admitted under the VWP at all!" - David A. Isaacson, July 2, 2012.