Corrections Department: Bribes for Justice?

An aggravated Judge Ilana Rovner delivered a sharp rebuke on Jan. 14 to Immigration Judge Robert D. Vinikoor.  Rovner’s opinion rejected a flawed Vinikoor decision to deport Stephen Bosede, a Nigerian citizen.

“Our reading of the administrative record leaves us convinced that the [Vinikoor] cared little about the evidence and instead applied whatever rationale he could muster to justify a predetermined outcome,” Rovner wrote.

Vinikoor was unswayed by evidence on record that deportation could mean arrest, hardship and possibly death for Bosede.  For instance a State Department finding that under Nigerian law Bosede would be subject to incarceration if he returned was insufficient to convince Vinikoor of the threat.

But Vinikoor’s most objectionable implication was that Bosede might be able to bribe his way out of any trouble he encountered from Nigerian authorities.

“We are appalled that [Vinikoor] would rest his decision on the absurd proposition that Bosede could evade imprisonment, mistreatment, and possibly death by…trying to buy his way out,” Rovner fumed.

This is the second time the 7th Circuit has sent this case back down with instructions on how to handle it properly.

After finding that Bosebe’s right to due process had been violated, Rovner remanded the case with some a harsh directive.

The flaws in [Vinikoor’s] opinion call into question the fairness of the proceedings…Bosede is entitled to a new [hearing],” wrote Rovner.  “And to avoid repetition of the same mistakes the third time around, we urge the agency to refer this case to a different immigration judge.”

Bosede’s status remains in legal flux as it has since 2000.

The case is Stephen Bosede v. Michael B. Mukasey, 06-1625.

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Tags: 7th Circuit, immigration, Judge Ilana Rovner, Nigeria, Robert Vinikoor, Stephen Bosede