Gourgen Movsisian v. John Ashcroft, Attorney General

GOODWIN, Circuit Judge,

concurring in part, and dissenting in part.

I concur in part II. B. of the opinion, holding that the BIA abused its discretion in failing to articulate reasons for denying Movsisian’s motion to reopen, and remanding for a statement of reasons. However, I do not join in Part II. A. which expresses an opinion on the merits of the petitioner’s case for asylum and withholding of deportation. No convincing reasons have been called to my attention for this court to decide, on the merits, that the petitioner has a losing case, and then to remand the case to the forum from which the appeal was taken, so that forum could state its reasons for the denial. All courts dealing with the flood of immigration petitions are too busy, and our forests are too depleted, to justify this formality.