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...

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...