CA1 on Well-Founded Fear, Pakistan: Khattak v. Holder

"While we will not reverse the BIA's findings where the evidence at least admits the possibility of a conclusion in accord with the BIA's, "we will remand if the agency fails to state 'with sufficient particularity and clarity the reasons for denial of asylum' or otherwise to...

CA1 on CIMT, Modified Categorical Approach: Patel v. Holder

"In 2003, petitioner Nupur Patel pled guilty to conspiracy-to-commit-larceny charges stemming from a scheme in which he stole from the dorm rooms of his college classmates. As a result, an Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) found that Patel, at the time a lawful permanent...

CA1 on Imputed Political Opinion, Pakistan: Javed v. Holder

"Javed's credible, factual testimony amply established that his persecutors imputed a political opinion to him (albeit incorrectly), and that this opinion was at least a "central reason" for their attacks on him. ... The Board and IJ's contrary conclusion is not supported by the...

CA1 on EAJA Fees: Castañeda-Castillo v. Holder

"This is the sixth (and hopefully the final) installment of Petitioner David Eduardo Castañeda's tumultuous voyage through our nation's immigration system. Castañeda began his journey more than twenty years ago, when he arrived in the United States seeking political asylum...

CA1 on Post-Departure Bar: Perez-Santana v. Holder; Bolieiro v. Holder

"Perez Santana petitions for our review, contending, inter alia, that the post-departure bar conflicts with the clear language of the immigration statute, which grants "[a]n alien" the right to file a single motion to reopen. 8 U.S.C. § 1229a(c)(7). We agree. The post-departure bar...

ICE, EOIR and CA1 Throw Informant to the Wolves: Costa v. Holder

"Elisabete Costa, a Brazilian citizen, petitions for review of the Board of Immigration Appeals' ("BIA") order affirming her removal to Brazil. Costa entered the United States illegally in 2003. Thereafter, she began working with Immigration and Customs Enforcement ("ICE"...

CA1 on Nexus, Russia, Pentacostals: Ivanov v. Holder

"Petitioners Pavel Ivanov and Irina Kozochkina seek review of a final order of removal. They say the immigration courts erred by finding that the persecution Ivanov experienced in Russia was not "on account of" his Pentecostal faith. We agree. After careful consideration of the decision...

CA1 OKs Maine's Withdrawal of Medical Benefits to LPRs Under PRWORA

"A federal appeals court has ruled that Maine did not run afoul of the Constitution by ending state-funded medical care for some legal aliens who are ineligible for Medicaid. The U.S. Court of Appeals for the First Circuit held Monday that the class action plaintiffs in Bruns v. Mayhew have not...

Landmark CA1 Decision: Ordoñez-Quino v. Holder (Guatemalan Indigenous Claims)

Prof. Nancy Kelly writes: "In a landmark First Circuit decision, the Court today issued an opinion finding past persecution in the case of a Mayan man, based on the long history of genocide in his country. The client was represented by the Harvard Immigration and Refugee Clinical Program."...

CA1 on IJ/BIA Errors of Fact: Perez v. Holder

"As [OIL] now concedes, both the BIA and the IJ mistakenly concluded that Perez could have continued his social activism provided he paid extortion money to the gang members. But that erroneous finding conflated Perez's testimony that the gang demanded payment for the continued operation of...

CA1 on Evidence, TPS, El Salvador: Shul-Navarro v. Holder

"In short, both the Immigration Judge and the Board failed to explain adequately the only finding they expressly made in considering Shul's application for temporary protected status: that Shul failed to provide "reliable" information that he was even "in" the United States...

CA1 on Guatemala, Asylum, Mixed Motive: Aldana-Ramos v. Holder

"Petitioners Elvis Leonel Aldana Ramos ("Elvis") and Robin Obdulio Aldana Ramos ("Robin") seek review of an order of the Board of Immigration Appeals ("BIA") denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture...