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Immigration Law

Unpub. BIA Refugee Waiver Victory: Bosnia

"As noted by the Immigration Judge the respondent's omissions are particularly concerning where, as here, the respondent failed to disclose his VRS service, as the organization, and specifically the Zvornik Infantry Brigade's 4th Infantry Battalion where the respondent served, was responsible for the Srebrenica Massacre involving the genocide of thousands of Muslims fleeing from the collapsing United Nations safe zone in the summer of 1995 ... However, we discern no clear error in the Immigration Judge's factual finding that the respondent was likely a low-level member of the VRS with duties limited to guarding the Serbian-Muslim border near where he was stationed. ... In light of the foregoing, upon de novo review, we agree with the Immigration Judge that notwithstanding the negative factors presented in this case the respondent merits relief in the exercise of discretion. ... The DHS appeal is dismissed." - Matter of X-, Mar. 27, 2014.

[Hats off to Russell Abrutyn!]