LexisNexis® Legal Newsroom
Sixteen Years and 20 Minutes to “Other Serious Harm” Asylum

"On September 3rd, 16 years after filing his application, and two years after first approaching the GW Immigration Clinic, my client was granted asylum. Sixteen years is a long time, even in the glacially slow world of EOIR, but more significant is that the Immigration Judge granted my client “humanitarian...

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...

A Life-Or-Death Struggle for Asylum in America

"While other kids enjoyed summer break, a teenager with more on her mind slipped into her only dressy jacket and traveled south to Anaheim, to a nondescript building housing the local office of U.S. Citizenship and Immigration Services. Lithe and athletic, the girl knew she’d be less than...

CA1 on Asylum, Persecution, Indonesia: Panoto v. Holder

"Petitioner Marla Panoto and her husband, both Indonesian citizens, petition for review of an order of the Board of Immigration Appeals ("BIA") affirming an order of an Immigration Judge ("IJ") denying her request for asylum. Because the BIA gave an insufficient explanation of...

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...

Asylum Division Quarterly Stakeholder Meeting, Nov. 14, 2014

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a quarterly stakeholder engagement in Washington, D.C., on Friday, Nov. 14, 2014, from 1:30 to 3 p.m. (EST) to provide updates from the Asylum Division and answer questions from participants. To Register: Interested...

Complaints Filed Against CBP; Asylum Screening Inadequate

"U.S. Customs and Border Protection (CBP) regularly obstructs access to the asylum process for individuals who may qualify for protection, according to a civil rights complaint filed today on behalf of nine men and women who were unjustly deported by CBP officers to countries where they faced persecution...

Federal Judge Allows Lawsuit by Detained Asylum-Seekers to Proceed as a Nationwide Class Action

"A federal court judge has certified a nationwide class , and rejected the government’s motion to dismiss, in a lawsuit filed on behalf of certain asylum seekers who are detained by the Department of Homeland Security (DHS) for months while they await screening interviews that allow them to...

Unpub. BIA Asylum Remand Victory: Honduras, Social Group

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (clarifying what is required to establish a particular...

Asylum: It Should Not Be This Hard - Pro Bono Victory in Artesia

Andres Benach writes : "At a time of year when we honor togetherness and fresh starts, we are comforted to know that Benach Ragland clients, Kira and her four-year-old son Ricky, have finally been granted asylum and are reunited with their husband/father, Andre, here in the United States.* This...

Asylum Division Quarterly Stakeholder Meeting, February 4, 2015

"Asylum Division Quarterly Stakeholder Meeting Wednesday, February 4, 2015 3 – 4:30 p.m. (EST) The Tomich Center 111 Massachusetts Ave., NW Washington, D.C. 20529 U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a quarterly stakeholder engagement in Washington...

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder (unpub.)

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in support of a petitioner’s case, in the...

CA4 on Credibility: Ilunga v. Holder (BIA 'manifests a basic misunderstanding of the human condition')

"Faustin Mukadi Ilunga, a citizen of the Democratic Republic of the Congo, appeals the denial of his application for asylum and protection under the Convention Against Torture (“CAT”). We hold that the rejection of Ilunga’s asylum application, largely on the basis of an adverse...

IJ Asylum Victory in SF: Single Salvadoran Women, Working Professionals

"[T]he Court finds that "single Salvadoran women who are working professionals" is a cognizable social group under the Act. ... Here, the respondent has established that the government of EI Salvador was either unable or unwilling to protect her and others like her from gang violence....

Links to Stats from Asylum Division Quarterly Stakeholder Meeting

"Asylum Division Quarterly Stakeholder Meeting - U.S. Citizenship and Immigration Services (USCIS) invited you to participate in a quarterly stakeholder engagement in Washington, D.C., on Wednesday, Feb. 4, 2014, from 3 to 4:30 p.m. (EST) to provide updates from the Asylum Division and answer questions...

CA7 on Corroboration, Asylum, Zimbabwe: Sibanda v. Holder

"After fleeing from her native Zimbabwe to the United States, Lucy Sibanda applied for asylum and other relief from removal. She fears that if she is repatriated, her brother‐in‐law will exercise his rights under a tribal custom that deems her, his brother’s widow, his property and will attempt...

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in support of a petitioner’s case, in the...

Gang Asylum (Guatemala, Mara-18) Victory in Hartford Immigration Court

Prof. Jon Bauer writes: "On January 14, 2015, Judge Philip Verrillo of the Hartford, CT Immigration Court issued a written decision granting asylum to a Guatemalan man who was threatened with death, along with his family, by members of the Mara-18 gang because he had filed a complaint with the police...

Advocates: DOJ Claims in Child Migrant Case ‘Fantasy’

"The Obama Administration went into federal court in Seattle this month and made two arguments — sometimes contradictory — against a lawsuit challenging its decision to rush thousands of child migrants from Central America into deportation proceedings last summer without first providing...

9th Circuit Decision an 'Important Step' for Mexican Torture Victims

"A federal appeals court on Friday overturned decisions that put the burden of proof on foreigners who claim they were tortured in their home countries to show they cannot safely return to another part of the country they fled. The 9th U.S. Circuit Court of Appeals said it is neither the responsibility...

ACLU Letter: J.E.F.M. v. Holder Status Update (Mar. 27, 2015)

"We write to update you on the status of J.E.F.M. v. Holder, 14-cv-01026-TSZ (W.D. Wash.), our case seeking legal representation for children in immigration proceedings, and to inform you of developments in the case that may be helpful to children who are currently unrepresented in immigration court...

Attorneys, Law Students Train for Pro Bono Asylum Cases for Detained Refugee Moms, Kids in Texas

"For the mothers and children detained at an immigrant facility in Karnes County, about 100 miles south of Austin, their best chance for release is to find attorneys willing to represent them pro bono. And in turn, the lawyers willing to take on these cases need specific training. So this week at...

Update on New and Novel PSGS: USCIS, Apr. 15, 2015

A Washington Times article references a 27-page document on the 'particular social group' (PSG) aspect of asylum adjudications, discussed during an April 23, 2015 Senate Judiciary Committee hearing . The document, dated April 15, 2015 and entitled "Update on New and Novel PSGS" is...

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate the BIA’s order, and remand for further proceedings...

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...