LexisNexis® Legal Newsroom
Transgender Woman From Guatemala Secures Asylum

"A transgender Guatemalan woman has been released from an all-male immigration detention facility after a judge in Arizona granted her asylum, attorneys said on Friday, in a case that gained nationwide attention and became a rallying point for immigrant groups and the lesbian, gay, bisexual and...

Man Shot In Crowd May Qualify For Asylum, 9th Circ. Finds

"The Board of Immigration Appeals erred by finding a Guatemalan man was ineligible for political asylum because police in his native country did not single him out when they shot into a crowd of protesters and struck him, the Ninth Circuit concluded Tuesday. The appeals court remanded the case...

USCIS Asylum Division Document Dump, May 7, 2015

USCIS, May 7, 2015 : Statistical Documents Affirmative Asylum Statistics for January, February, and March 2015 NACARA Statistics for January, February, and March 2015 Credible Fear and Reasonable Fear Statistics - March 2015 Syria Stats (1993 to Q2 FY2015) Credible Fear and Reasonable...

Dallas Volunteers Assist Central American Asylum Applicants

"Once a month, lawyers, translators, schoolteachers and other volunteers gather at a free legal clinic at Catholic Charities in northeast Dallas. They listen to horrific stories from children who crossed the Texas border in unprecedented numbers last year seeking refuge from gang violence in Central...

Unpub. BIA Asylum Remand Victory; China

"Upon our de novo review, we will reverse the Immigration Judge's conclusion that the harm the lead respondent experienced does not rise to the level of persecution. ... We will remand for the Immigration Judge to allow the Department of Homeland Security (DHS) an opportunity to rebut the presumption...

BIA on Competency, Asylum - Matter of J-R-R-A-

OFFICIAL HEADNOTE : If an applicant for asylum has competency issues that affect the reliability of his testimony, the Immigration Judge should, as a safeguard, generally accept his fear of harm as subjectively genuine based on the applicant’s perception of events. - Matter of J-R-R-A-, 26 I&N...

CA7 on Credibility, China: Liu v. Lynch

"Hongting Liu, a Chinese citizen in her mid-twenties, petitions for review of the denial of her application for asylum and withholding of removal based on religious persecution. Because substantial evidence does not support the Immigration Judge’s (IJ) adverse credibility finding, which was...

Experts Speculate on Outcome in Chinese Fugitive Case

"As China's most-wanted economic fugitives sits in a New Jersey jail seeking asylum in the United States, legal observers say the US and China may resolve her status through diplomacy. The first hearing for Yang Xiuzhu took place on Tuesday at an immigration court in Manhattan. The 30-minute...

Public Records Show CBP-Created 'Statements' Not Reliable - AILA Amicus Brief

"AILA filed an amicus brief in a case arising from an asylum grant in Artesia. The DHS appealed the grant arguing that the respondent was not credible because her merits testimony contradicted prior border statements and credible fear statements. AILA took the position that the BIA should adopt...

Virginia Raymond - Pro Bono Champion

"Five years ago, Virginia Raymond was teaching Mexican-American studies at the University of Texas at Austin while also directing an oral history project on the death penalty. Although she was a licensed attorney, she was not actively practicing law. That all changed in 2012, when she offered to...

Positive Decision on Segregability in FOIA Cases from D.D.C.

Rachel C. Zoghlin writes: "On July 30, 2015, after over two years of litigation, Judge John D. Bates of the U.S. District Court for the District of Columbia issued a highly-anticipated decision in the companion FOIA cases Mezerhane Gosen v. USCIS and Mezerhane de Schnapp v. USCIS. Nos. 13-1091...

CA6 on Iraq, Chaldean Christians, Asylum, Misrepresentation: Yousif v. Lynch

"Because the IJ did not determine whether, at the time that Yousif submitted his application, contemporary conditions in Iraq were so dangerous for Chaldean Christians that Yousif would have been eligible for asylum based solely upon his religion, the IJ failed to determine whether Yousif’s...

IJ on Asylum, Social Group, Honduras: Matter of O- (Unpub.)

Camila Palmer writes: "I wanted to share an IJ decision finding my client was a member of a PSG of "former honest police officers," distinguishing Matter of Fuentes. I think its a well-written decision and thought it might be useful to other practitioners, should you want to share it on...

BIA on Asylum, Credibility, Time Bar: Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)

Official Headnotes : (1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application that is properly viewed as a new application...

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases "This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of origin to seek safe haven in the United States. Many...

Deaf Mexican Asylum Applicants Are Winning Cases

"Aranda, 58, is an undocumented immigrant living in San Diego. She’s one of hundreds of deaf immigrants from Mexico and other countries who have applied for asylum in the U.S. in the past few years. They argue that the treatment they received in their home countries—which also include...

Unpub. BIA PSG (Pro Bono) Asylum Victory - Honduran Journalist

Hats off to Kramer Levin pro bono attorney Marsha Sukach , volunteering for the BIA Pro Bono Appeals Project , who scored this ' particular social group ' asylum win on appeal: "[W]e conclude that the respondent has demonstrated he suffered past persecution on account of his membership...

CA7 Asylum Remand: Wang v. Lynch

"On remand the Board must assess two matters in the first instance. ... First it must decide whether Wang’s attempted interference with the family-planning officials, when they came to his house threatening to implement population-control measures, qualifies as “other resistance.”...

As Asylum Seekers Swap Prison Beds For Ankle Bracelets, GEO Group Profits

NPR, Nov. 13, 2015 - "Last year, GEO Care earned $330 million — about a fifth of the corporation's $1.7 billion in revenue. This year, the government will pay GEO $56 million to manage ankle monitors for 10,000 immigrants, and to run telephone check-ins for 20,000 immigrants. The idea...

CA9 on Social Group: Flores-Rios v. Lynch

Flores-Rios v. Lynch, Dec. 1, 2015 - "Because few groups are more “readily identifiable than the family,” the BIA’s determination that the petitioner had not shown membership in a particular social group “was manifestly contrary to law.” ... In the face of Flores-Rios’s...

Links to Latest (Sept. 2015) Asylum Stats from USCIS

USCIS, Dec. 8, 2015 - Statistical Documents Affirmative Asylum Stats - July 2015 (PDF) Affirmative Asylum Stats - August 2015 (PDF) Affirmative Asylum Stats - September 2015 (PDF) Credible Fear and Reasonable Fear Nationality Reports - FY15 (PDF) Credible Fear Workload Report Summary...

Unpub. BIA Asylum Victory Extends Matter of A-R-C-G-

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "[ Linked here ] is a redacted version of a recent [18 Dec 2015] BIA asylum victory that my colleague Sital Kalantry and two Cornell law students litigated. The case involves a woman from El Salvador who was...

New Movie, 'El Paso,' Spotlights Asylum for Mexican Journalists

Center for Migration Studies, Jan. 12, 2015 - "The Center for Migration Studies of New York (CMS) invites you to a special screening of ‘El Paso,’ – a new film from executive producer Roberto Garza and director Everardo Gonzalez. The movie follows two journalists – reporter...

Domestic, Sexual Violence Fuel Exodus from Central America

Pamela Constable, Washington Post, Jan. 31, 2016 - "One woman described being raped, strangled and bashed against a wall by the father of her twin boys. Two teenagers said they were forced to become sex slaves for gang members. A young mother was severely beaten by her ex-boyfriend and obtained...

Latest USCIS Asylum Office Stats (Posted 2/4/16)

USCIS, Feb. 4, 2016 - Statistical Documents Asylum Office Workload - October 2015 (PDF) Asylum Office Workload - November 2015 (PDF) Asylum Office Workload - December 2015 (PDF) NACARA Cumulative Report June 1999 - October 2015 (PDF) NACARA Cumulative Report June 1999 - November 2015 ...