On October 14, 2010, the Board of Immigration Appeals (BIA) issued an unpublished decision dismissing the government's appeal of an Immigration Judge's grant of asylum. The case originated out of the Immigration Court in Los Angeles, California. What is of note is that the decision contains some scathing language criticizing Government counsel's conduct before the Court. Senior DHS attorney Ingrid Abrash is identified as the attorney of record on appeal to the BIA.
Specifically, the Board held that: "Our review of the record reveals that the DHS attorney exhibited intemperate, disrespectful, and unprofessional behavior towards the Immigration Judge. Such behavior is unbecoming of DHS counsel."
The decision does not identify Ingrid Abrash as the subject of the intemperate, disrespectful, and unprofessional behavior, although as stated above she is identified as the attorney of record representing the Department on appeal.
This decision should serve as a reminder to Government Counsel that their duty is NOT to win at any cost, but to ensure that justice is done. It will be very interesting to see if any disciplinary action is taken.
Click here to read the decision.