LexisNexis® Legal Newsroom
CA11 on Departure Bar: Lin v. Atty. Gen.

"We are asked to decide whether the “departure bar” regulation—stating that the Board of Immigration Appeals (“BIA”) may not entertain a motion to reopen filed by or on behalf of a person who has departed the United States—impermissibly conflicts with the Immigration...

Policing Immigration

"Immigration enforcement is increasingly integrated with local policing. This trend accelerated four years ago when the federal government launched “Secure Communities,” a program designed to check the immigration status of every person arrested by local police. The government views...

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder

"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice Department’s brief in this court is even...

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 .

CA2 on Derivative Citizenship; Overrules ID 3621: Nwozuzu v. Holder

"The question presented is whether Nwozuzu's failure to become a lawful permanent resident before turning eighteen years old bars him from claiming derivative citizenship from his parents. We hold it does not. ... Nwozuzu applied for citizenship in August 2005 and April 2006, but his application...

CA9 on BIA 'Shell Game' - Zhao v. Holder

"Absent some reasoned explanation appropriate to the particular circumstances, the BIA simply cannot shift its proof requirements. To do so is to subject petitioners to an administrative shell game. Therefore, under the circumstances presented by this case, it was contrary to law and an abuse of...

CA2 on Evidence: Indradjaja v. Holder

"The BIA denied Indradjaja’s motion to reopen because she had not submitted an affidavit in support of the new evidence she proffered, and because she had not submitted copies of the sources on which her expert relied, it refused to consider the expert report supporting her motion. By attaching...

CA3 on Meaningful Consideration of Evidence by BIA: Zhu v. Attorney General

"Because the BIA’s opinion did not reflect meaningful consideration of much of the evidence that Zhu submitted in support of her motion, we will grant the petition for review, vacate the order denying the motion to reopen, and remand to the BIA for further proceedings." - Zhu v. Attorney...

Deportations Have 'No Observable Effect' on Crime Rate

"Six years after the federal government opened an immigration enforcement program intended to improve public safety, deporting hundreds of thousands of people, many of them convicted criminals, a new study has concluded that the program has had “no observable effect on the overall crime rate...

CA2 on China, Persecution, Coercive Population Control: Chen v. Holder

"Substantial evidence here supports the agency’s finding that Chen failed to demonstrate that the imposition of a severe fine deprived him of the basic necessities of life or impoverished him before he left China. Accordingly, we deny review of the BIA’s past persecution ruling. The...