Prof. Peter Margulies, Sept. 12, 2019
"On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued...
Barr v. East Bay Sanctuary Covenant
"The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring...
Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019
"The Department of Homeland Security (DHS) proposes to remove a regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum...
Perez-Tino v. Barr
"Marta Perez-Tino is a Guatemalan national of Mayan K'Iche' descent who entered the United States in 2001 without inspection. Facing the prospect of removal on the basis of a 2010 Board of Immigration Appeals ("BIA"...
Peña Oseguera v. Barr
"The BIA admitted that the Immigration Judge incorrectly conflated the respondent’s claim with that of his mother (“We briefly note that the respondent is not a derivative application on his mother’s...
Prof. Geoffrey Hoffman , Director, UHLC Immigration Clinic, writes:
"I wanted to share a decision granting a remand from the BIA in a Matter of A-B- type case from my friends and colleagues at The Modi Law Firm!!!
Perez-Sanchez v. Barr
"We do not ... accept the agency’s analysis of Mr. Perez-Sanchez’s asylum and withholding claims. The Board of Immigration Appeals (“BIA”) affirmed the IJ’s denial of both claims, saying that...
East Bay Sanctuary Covenant v. Barr
"Appellants seek a stay pending appeal of the district court’s July 24, 2019 order preliminarily enjoining the Department of Justice and Department of Homeland Security’s joint interim final rule...
Bastardo-Vale v. A.G.
"Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated...
Jeffrey S. Chase, Aug. 11, 2019
"In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers...
Boston Immigration Judge Paul M. Gagnon granted asylum in a DV-based case, recognizing "Guatemalan women" as a particular social group. ICE reserved, but did not appeal, so the decision is final . The IJ addressed Matter of A-B- in several places...
NIJC, Aug. 2, 2019
"The federal District Court for the District of Columbia today ruled in O.A. v. Trump that the Trump Administration cannot bar refugees from asylum for crossing between ports of entry. The suit was brought by the Capital Area...
Tian v. Barr
"The reasoning behind the IJ’s [adverse] credibility finding here is simply not cogent. ... The IJ used misguided questions and demonstrated little understanding of Chinese culture. ... Equally disturbing is the IJ’s lack...
On July 26, 2019 USCIS Acting Director Ken Cuccinelli posted this guidance :
"A message sent by the acting director to USCIS asylum officers regarding asylum and internal relocation guidance.
Release Date: July 26, 2019
CCR, July 30, 2019
"A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along...