Unpub. BIA Victory: Mali, FGM, one-year bar

Prof. Geoffrey A. Hoffman writes: " The UH Immigration Clinic has just won an appeal from the Board of Immigration Appeals (BIA) involving an asylum claim which was denied previously by the Immigration Court here in Houston. The claim was filed by a mother of a family of four. She had suffered...

Fourth Circuit on evidence: Tassi v. Holder

"[O]ur analysis of Tassi’s petition for review exposes several categories of error. For example, the IJ contravened the principle that corroborative evidence supporting an asylum application cannot be rejected solely because it does not strictly comport with the rules of evidence or because...

Unpub. BIA Asylum Victory; Egypt, Persecution, 'Unreasonable Expectations'

David L. Cleveland writes: "An asylum applicant from Egypt suffered real harm, including an assault by an unidentified man that left her unconscious, but was denied by the IJ for failing to show the motive of her attacker. The BIA said that the IJ "may have imposed an unreasonable expectation...

Unpub. BIA: Unsupported Speculation Cannot Support Discretionary Asylum Denial

"We have considered the reasons set forth by the Immigration Judge for the denial of the respondent's asylum claim and find that the respondent should be granted asylum. The Immigration Judge's speculations relating to the respondent's motive for traveling to the United States are not...

Unpub. BIA FGM Asylum Victory; Exception to One-Year Rule; Guinea

Prof. Jon Bauer writes: "I'm attaching here a BIA decision that may be of interest, issued October 10, 2012 in a case handled by the University of Connecticut Law School's Asylum and Human Rights Clinic. Our client has consented to allow the decision to be distributed. The decision overturns...

CA6 on Unsworn Documents as Evidence: Zhang v. Holder

"Yu Yun Zhang, proceeding through counsel, petitions this court to review an order from the Board of Immigration Appeals (“BIA” or “Board”) that denied her motion to reopen her immigration proceedings based on changed country conditions. The parties have waived oral argument...

Unpub. BIA Asylum Victory, 'Changed Personal Circumstances' - Matter of Chen

"While we agree with the Immigration Judge that "changed personal circumstances" do not, in and of themselves, constitute an exception to the filing deadline for asylum, we recognize that changed personal circumstances may form the basis of an exception under section 208(a)(2)(D) of the...

Unpub. BIA Asylum Victory; China; Breach of Confidentiality

"The respondent's motion alleges that a United States official advised her that in obtaining the respondent's travel documents, for the purpose of removal, he communicated by email with the Chinese Consulate in such a way as to breach the confidentiality requirements at 8 C.F .R. §...

Unpub. BIA Remand: Right to Full Hearing

IJ determined written asylum application did not present a prima facie case and refused to hold a full hearing on the issue. BIA remanded. (But note dissent by Pauley.) - Matter of X-, Feb. 11, 2013 . [Hats off to Patricia G. Mattos.]

Unpub. BIA Asylum Victory, China, One Child Policy (U.S.-Born Children)

Ted Cox writes: "First BIA decision to affirmatively grant asylum on merits for Chinese one child policy case based on children born in the US!" - Matter of X-, July 15, 2013 .

Unpub. BIA Credibility Remand: Camaroon

David L. Cleveland of Catholic Charities of Washington writes: "Respondent, from Cameroon, testified he was imprisoned and beaten three times. He also gave the court a fake photo of his injuries. The Immigration Judge denied asylum, deeming respondent not credible, in large part because of the fake...

Unpub. BIA Asylum Victory, Senegal, FGM

"Contrary to the Immigration Judge's finding (I.J. at 10-11), the fact that the respondent does not fear being subjected to female genital mutilation upon her return to Senegal is insufficient to rebut the presumption of future persecution. Rather, an asylum applicant who has suffered female...

Unpub. BIA Asylum Victory, Cameroon, Political Opinion

"[T]he Immigration Judge found that, despite her finding that the respondent lacked credibility, the evidence of record - to particularly include the credible testimony of one of the respondent's witnesses, Mr. Jean Claude Nkem-Kong-Nkem -otherwise established that the respondent had experienced...

Unpub. BIA Asylum Victory, Somalia, FGM

"In sum, we conclude that the respondent met her burden of proof for asylum based on suffering FGM and that she merits relief as a matter of discretion." - Matter of X-, Dec. 31, 2013 . [Hats off to Kim Hunter !]

Unpub. BIA on Asylum, Mexico, Social Group, Gender Identity: Matter of M-G-O-

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a particular social group consisting of effeminate gay males with female gender identities. The Board...

BIA on Right to Asylum Hearing: Matter of E-F-H-L-

"In the ordinary course of removal proceedings, an applicant for asylum or for withholding or deferral of removal is entitled to a hearing on the merits of those applications, including an opportunity to provide oral testimony and other evidence, without first having to establish prima facie eligibility...

BIA on Asylum Fraud: Matter of P-S-H-

"To terminate a grant of asylum pursuant to 8 C.F.R. § 1208.24 (2013), the Department of Homeland Security must establish, by a preponderance of the evidence, that (1) there was fraud in the alien’s asylum application and (2) the fraud was such that the alien was not eligible for asylum...

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained. The respondent, a native and citizen of EI Salvador...