Major CA9 Decision re Mexico, Zetas, Asylum, Withholding, CAT: Tapia Madrigal v. Holder

"Victor Hugo Tapia Madrigal, a former member of the Mexican military, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him asylum, withholding of removal and relief under the Convention Against Torture (CAT). Because the BIA’s decision employed incorrect...

May 30th Event - In the Shadow of the Wall: Family Separation, Immigration Enforcement & Security

"Please join the Woodrow Wilson Center's Mexico Institute and the University of Arizona's Center for Latin American Studies for a public forum with the authors of a new report drawing on data from Wave II of the Migrant Border Crossing Study, a multi-institution and binational project. Jeremy...

Juárez Man Granted Asylum; Family Killed by Cartels

"A U.S. immigration court in a rare action granted asylum to a citizen of Mexico who fled Juárez after 11 of his relatives were killed by suspected drug cartel-sponsored extortionists, El Paso lawyer Carlos Spector said Monday. The court found that asylum petitioner Christian Chaidez, 30...

ICE Resumes Deportation Flights to Mexico City

"U.S. immigration authorities began flying deportees deep into Mexico Thursday in an effort to discourage them from trying to return, U.S. and Mexican officials said. The first of twice-weekly flights from El Paso, Texas, to Mexico City left Thursday with 133 deportees aboard, all men. ICE spokeswoman...

Asylum, Withholding Victory (Mexico, Cartel Violence) in Boise, Idaho

In Matter of X-, July 17, 2013 IJ Bennett ruled : "Respondent's application for asylum is granted because he has established a well-founded fear of future persecution based on his membership in the particular social group of relatives of law enforcement officials who have been targeted for harm...

CA5 on Acquired Citizenship, Legitimation: Saldana Iracheta v. Holder (Very Old Egg on BIA's Face)

"This appeal is a petition for review from the Department of Homeland Security’s (“DHS”) reinstatement of a previously-issued order of removal against Sigifredo Saldana Iracheta (“Saldana”). On appeal, Saldana asserts that he acquired citizenship from his U.S. citizen...

Unpub. BIA Cancellation Hardship Victory; Mexico; Heart Defects

"We also find that, while the respondent in this case has family in Mexico, her situation nevertheless is analogous to that in Matter of Recinas, supra, as she is a single mother of limited economic means who is supporting her five children, including four United States citizens, two of whom have...

Exiled Mexican Seeking Asylum Pedals for Justice

"Carlos Gutierrez rolled into Austin Saturday after a 701-mile bicycle ride from El Paso. Austin was the final destination on his 12-day ride across Texas to raise awareness about Mexican asylum seekers. News cameras crowded around an exhausted and emotional Gutierrez as he carefully stepped...

CIR Must Include Social Security Totalization Agreement With Mexico: RAND

"To manage the back end of the migrant labor lifecycle, the United States and Mexico should institute a bilateral social security agreement, which would make the social security contributions of legal workers portable between the two countries. Currently, the social security systems of both countries...

A Letter from Mexico Roils Asylum Debate

"Jittery families cram into his tiny office here, daily. Hundreds more have appeared at the San Diego border 1,500 miles away, clutching an official-looking letter bearing his name, gambling that its description of the violence in this blistering stretch of central Mexico will help them gain asylum...

Gang and Cartel Violence: A Reason To Grant Political Asylum from Mexico and Central America

"People fleeing gang violence in Mexico and Central America have been, for the most part, denied asylum in the U.S. Nonetheless, modern interpretations of refugee and international law suggest that there is more merit to these claims for asylum than is currently accepted. U.S. courts have focused...

Advance Copy of DOS Final Rule: No Petition Needed for TN Visa for Mexicans

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule reflects changes to documentary requirements authorized...

DOS Final Rule: No Petition Needed for Mexican TNs

"The Department of State amends its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for citizens of Mexico applying for nonimmigrant visa classification as NAFTA professionals. The rule reflects changes to documentary requirements authorized...

CA7 on Social Group; Mexico; Honest Police: R.R.D. v. Holder

"While R.R.D. was an investigator for Mexico’s Federal Agency of Investigation, he arrested hundreds of suspects and repeatedly testified against drug traffickers. Drug organizations offered bribes to get him out of their hair and, when he refused, tried to kill him under their “plata...

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...

Migrahack México: A Collaboration that Crossed Borders, Disciplines and Cultures

"Immigration crosses borders, sectors and cultures, so it is fitting that a hackathon on immigration would bring together Mexicans, Americans and Mexican Americans; journalists, programmers, nonprofits and other community members. Migrahack México was our largest Migrahack to date and...

AAO 212(h) Hardship Victory; Mexico; Drug Conviction

"The favorable factors in the applicant's case include the extreme hardship his spouse would suffer as a result of his inadmissibility; his other family ties to the United States; the lack of any criminal record beyond the conviction for possession of marijuana, and, as attested to by numerous...

English-Speaking Deportees Staff Mexican Call Centers

"Undocumented immigrants like Ramon Dorado often are accused of stealing American jobs. Back in Mexico, where he was living after his deportation from the U.S. in 2010, Dorado also was considered an unwanted immigrant. Some assumed his American speaking voice, devoid of an accent, helped him score...

AAO 212(i) Hardship Victory; Mexico, Alien Smuggling, False Claim

Tarik H. Sultan writes: "Applicant, married to U.S. citizen husband with U.S. citizen children, filed adjustment with INA § 212(i) waiver to address pre-1996 false claim to citizenship. USCIS denied adjustment, finding her inadmissible for alien smuggling because her underage brother had also...

Nebraska Supreme Court on Custody: Daniels v. Maldonado-Morin

"We find, viewing the facts in a light most favorable to Maldonado-Morin, that the record demonstrates Maldonado-Morin’s husband of over 12 years has been forced to move to Mexico and that Maldonado-Morin wants herself, Deonte, and Morin’s biological children to live with him. In that...

Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership

"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration Judge also did not consider the report's...

News Excerpts from the Sept. 15, 2014, Bender’s Immigration Bulletin

DHS Settles Lawsuit over Coerced Voluntary Departures In August, the Department of Homeland Security agreed to settle a lawsuit filed on behalf of nine Mexican citizens alleging they were forced to “voluntarily” depart the country instead of having a hearing before an immigration judge...

Mexico Helps With DACA Fees

"Mexico is helping some of its citizens apply for a controversial immigration program in the U.S. called Deferred Action for Childhood Arrivals, or DACA. Since the Obama administration created the program in 2012, more than 580,000 unauthorized immigrants brought to the U.S. as minors have received...

Unpub. BIA CAT Victory: Mexico; Imputed Gang Affiliation

"[T]he respondent has presented evidence, undisputed by the DHS, that the Federal Government and at least one local government in the United States have identified him as a member of the Norteño gang and have done so in the presence of rival gang members. ... Unrebutted evidence presented...

Mexican Asylum Applications Reflect 'Systematic Takeover' - Spector

"The emptying of Guadalupe comes at a time when officials in Ciudad Juárez, about 30 miles away, are promoting tourism and celebrating a decrease in bloodshed after years of carnage that claimed thousands of lives. Many Guadalupe residents have fled to Texas cities including Fabens, directly...