Judicial Lethargy
Marcia J. Oddi of the Indiana Law Blog points to a decision issued by the Seventh Circuit today: “Noteworthy among the opinions issued today by the USCA for the 7th Circuit is an immigration case, GUCHSHENKOV, IVAN v. ASHCROFT, JOHN D., where Judge Posner writes about the immigration judge”:
Her analysis fell far below the minimum required to support an administrative decision. It is one more indication of systemic failure by the judicial officers of the immigration service to provide reasoned analysis for the denial of applications for asylum. We are mindful that immigration judges, and the members of the Board of Immigration Appeals, have heavy caseloads. The same is true, however, of federal district judges, and we have never heard it argued that busy judges should be excused from having to deliver reasoned judgments because they are too busy to think. The two cases under review, like the other cases in which we have reversed the board of late, are not so difficult that it is unreasonable for a reviewing court to expect and require reasoned judgments at the administrative level. The errors that have compelled us to reverse in these cases despite the deferential standard of judicial review of agency action are not subtle. Asylum seekers should not bear the entire burden of adjudicative inadequacy at the administrative level.
