Lawyers' association criticizes appointments to Board of Immigration Appeals as too prosecution-oriented

WASHINGTON — The newest appointees to the Board of Immigration Appeals (BIA) continue a “one-sided recruitment pattern” that discounts private immigration practice experience and favors government “prosecution” experience, charged a national association of attorneys who teach and practice immigration law.

Attorney General Michael Mukasey on Dec. 15 officially swore into office five new members of the BIA, which is the highest administrative tribunal for interpreting and applying U.S. immigration law. The BIA’s decisions are binding on immigration judges and the parties in removal proceedings nationwide.

The BIA is part of the Executive Office of Immigration Review (EOIR) within the Justice Department. A 13-member board, it primarily reviews and decides appeals of immigration judge decisions.

“All the new members, except for one, have solely government experience and none has experience in private immigration practice. Most of these people have served only on the ‘prosecution’ side during their time in government,” said Charles H. Kuck, president of the American Immigration Lawyers Association (AILA).

Kuck said that Mukasey missed an opportunity to correct an imbalance that resulted from “purely politicized hirings” by his predecessor, former Attorney General John Ashcroft, who added several BIA members with no immigration experience at all, said Kuck.

Recruitment of experienced immigration practitioners from the private sector as well as those with government backgrounds, he added, would have restored “at least a semblance of balance. AILA is deeply disappointed at this continued one-sided recruitment pattern.”

The newest BIA members are:

Charles K. Adkins-Blanch: From June 2004 to August 2008, served as an immigration judge; from 2000 to 2004, served as general counsel for EOIR, after serving in the position in an acting capacity; from 1990 to 1995, worked for the BIA as an attorney adviser through the Attorney General’s Honor Program.

Anne J. Greer: From April 2003 to August 2008, served as an assistant chief immigration judge; from 1992 to 2003, worked as a senior panel attorney, supervisory attorney adviser and attorney adviser for the BIA; from 1989 to 1992, was a law clerk at the U.S. Department of Commerce, Office of the Chief Administrative Law Judge.

Garry D. Malphrus: From March 2005 to August 2008, served as an immigration judge; from 2001 to 2004, served as associate director of the White House Domestic Policy Council; from 1997 to 2001, worked as chief counsel and staff director of the U.S. Senate Judiciary Subcommittee on Criminal Justice Oversight and, later, with the Subcommittee on the Constitution.

Hugh G. Mullane: From May 2005 to August 2008, served as special counsel, Office of Legal Policy, Department of Justice; from June 2004 to April 2005, worked as director of immigration security, Homeland Security Council, White House; from May 1995 to June 2004, served as a senior litigation counsel, Civil Division, Justice Department; from August 1994 to May 1995, was an attorney with the Federal Trade Commission.

Linda S. Wendtland: From May 1996 to August 2008, served as assistant director and senior litigation counsel at Justice Department’s Office of Immigration Litigation (OIL); from October 1990 to May 1996, was in private practice; from August 1985 to October 1990, served as a trial attorney at OIL, entering through the Attorney General’s Honor Program.

“We disagree with the insinuation made by AILA concerning the hiring of recent Board Members,” a department spokesman said. “The Department of Justice posted the vacancy announcements to its internet site and on USAJobs.gov, and distributed them to approximately 150 bar associations and other private organizations.  After recruiting far and wide, and implementing our vigorous screening, interviewing, recommendation, and selection process, these five new Board Members were deemed the very best candidates to serve as Board Members.  Also, contrary to AILA’s statement, the brief biographies for two of the new Board Members indicate that they have experience in private practice.  EOIR considers all applicants based on the totality of their professional record and background, and are proud of the diverse background of the recently invested Board Members.   Aside from their professional credentials, the five new Board Members all possess the single most important qualification for their positions – judicial temperament.”