Singh v. Garland
"Daljinder Singh applied for asylum and protection under the Convention Against Torture, claiming that he feared persecution in India based on his membership in the Akali Dal Amritsar (“Mann Party”), a Sikh-dominated...
Corea Escoto v. Garland (unpub.)
"Given the BIA’s repeated reliance on A-B-, briefing on the effect of A-B-’s overruling is necessary. We remand to the BIA to reconsider Corea’s asylum claim in the first instance, this time under...
Portillo Flores v. Garland
"When he was 15 years old, Hernan Portillo-Flores (“Petitioner”), a resident of El Salvador, sought refuge in the United States. When Petitioner was living in El Salvador, El Pelón, a leader of the...
Kaur v. Garland
"This asylum case is about changed country circumstances, including changes in personal circumstances, which are entirely outside the applicant’s control. Ravinder Kaur, an Indian national, appeals the BIA’s decision...
Vanita Gupta, Associate Attorney General, June 16, 2021
"The Civil Division's Office of Immigration Litigation is responsible for defending the decisions of the Board of Immigration Appeals when they are challenged in the federal courts of...
Thamotar v. Atty. Gen.
"Visavakumar Thamotar, a Sri Lankan citizen of Tamil ethnicity, seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s discretionary denial of his application...
Attorney General Decisions
The Attorney General has issued a decision in Matter of A-B- , 28 I&N Dec. 307 (A.G. 2021).
(1) Matter of A-B- , 27 I&N Dec. 316 (A.G. 2018) (“ A-B- I ”), and Matter of A-B- , 28 I&N Dec. 199 (A.G...
Gutierrez Acosta v. Garland (unpub.)
"Gutierrez Acosta contends that the BIA erred in two respects. First, he challenges the BIA’s decision to give dispositive effect to the IJ’s finding that legitimate, non-political reasons could...
Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021) - The mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged and that does not significantly increase...
Leal v. Garland, unpub.
"The petition for panel rehearing is GRANTED. The opinion, 841 F. App’x 719 (5th Cir. Mar. 29, 2021) , is WITHDRAWN..."
Alam v. Garland
"Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel [2-1, Judge Collins, dissenting...
Matter of X-, Apr. 12, 2021, unpub.
"The respondent has credibly established that his conviction was pretexual in nature and on account of his political opinion. ... We do not find serious reasons to believe that the respondent committed a serious...
East Bay Sanctuary Covenant v. Garland
"ORDER 1. Appellants filed a petition for rehearing en banc on October 5, 2020 (19-16487, Dkt. Entry 117; 19-16773, Dkt. Entry 75). Judges W. Fletcher and Miller have voted to deny the petition for rehearing...
Cabrera Martinez v. Atty. Gen.
"Because the IJ and the BIA failed to provide reasoned consideration of Martinez’s evidence of his well-founded fear of future persecution based on a pattern or practice of persecution toward dissident journalists...
Rodriguez Tornes v. Garland
"Petitioner Maria Luisa Rodriguez Tornes, a native and citizen of Mexico, testified to a lifetime of severe abuse from her mother, her estranged husband, and her partner for, in their eyes, being insufficiently subservient...