LexisNexis® Legal Newsroom
Unpub. BIA Asylum Victory; Egypt, Persecution, 'Unreasonable Expectations'

David L. Cleveland writes: "An asylum applicant from Egypt suffered real harm, including an assault by an unidentified man that left her unconscious, but was denied by the IJ for failing to show the motive of her attacker. The BIA said that the IJ "may have imposed an unreasonable expectation...

CA6 on Persecution, El Salvador: Torres-Vaquerano v. Holder (Unpub.)

"José Angel Torres-Vaquerano petitions for review of the Board of Immigration Appeals (BIA) affirmance of the Immigration Judge’s (IJ) decision denying his application for withholding of removal and humanitarian relief. The IJ and BIA both found that Torres-Vaquerano presented no evidence...

CA10 (unpub.) on Nepal, Maoists, Persecution: Sherpa v. Holder

"Mr. Sherpa argues that the IJ erred in failing to find a nexus between his past persecution—specifically the severe beating and frequent death threats—and his political opinion. Mr. Sherpa alleges that as a result, the IJ erred in concluding that he failed to demonstrate past persecution...

CA9 on Asylum, Russia, Persecution of Homosexuals: Doe v. Holder

"We grant the petition in this matter because we conclude that Doe met his burden of presenting evidence that the Russian government was unable or unwilling to control the nongovernmental actors who persecuted him because he is a homosexual. We also hold that in order to obtain the relief he requested...

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...

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 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...