LexisNexis® Legal Newsroom
CA2 on 'Clear Error' - Lin v. Lynch

Lin v. Lynch, Feb. 11, 2016 - "This petition to review a decision of the Board of Immigration Appeals (“BIA”) requires consideration of the standard of review for a court of appeals considering the BIA’s determination that an Immigration Judge’s (“IJ”) findings...

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status, the BIA relied on its precedential decision, C-J-H...

BIA on Togo, Asylum: Matter of K-G-H- (Unpub.)

Charles Shane Ellison writes: "[The BIA] reversed IJ finding that a fundamental change in circumstances had occurred in Togo such that would rebut the presumed well-founded fear of an asylum applicant who had suffered past persecution. The BIA also found that even if such a change existed, the IJ...

Unpub. BIA Asylum Victory: Honduras, Domestic Violence, Social Group

Christina Brown writes, "[Here is an] unpublished BIA decision granting asylum on an A-R-C-G- claim for an unmarried woman in a short term relationship. If you need any additional information, including facts about the case, please do not hesitate to contact me." The Law Office of Christina...

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude 'that a remand is warranted for further proceedings...

Honduran Asylum Victory: False Accusation of Gang Membership by DHS, Virginia Police

Here's a link to a 17-page decision issued March 15, 2016 by Arlington IJ Rodger C. Harris. Hats off to Jay S. Marks !

CA2 Salvadoran Asylum Remand Victory: Zelaya de Ceron v. Lynch (unpub.)

Zelaya de Ceron v. Lynch, May 4, 2016, unpub. - "The sole issue on appeal is whether substantial evidence supports the agency’s determination that the Petitioners failed to show that the Salvadoran government is unable or unwilling to control gang violence, specifically at the hands of the...

DHS Brief in Matter of L-A- (Family as PSG)

CLINIC (Bradley Jenkins) writes: "CLINIC recently received word from counsel of record in Matter of L-A- (also known as the "family as particular social group" amicus invitation from the Board ) that DHS has filed their supplemental brief . In an unexpected pleasant surprise, DHS's...

USCIS Asylum Division Latest Stats (May 6, 2016)

Links from the Asylum Division Quarterly Stakeholder Meeting, Friday, May 6, 2016 - Meeting Invitation (PDF) Statistical Documents Affirmative Asylum Statistics - January 2016 (PDF) Affirmative Asylum Statistics - February 2016 (PDF) Affirmative Asylum Statistics - March 2016 (PDF) Credible...

Cornell Asylum Clinic Wins BIA Remand for Somali (unpub., May 25, 2016)

Stephen W. Yale-Loehr, Professor of Immigration Law Practice, Cornell Law School , and Co-Author, Immigration Law & Procedure Treatise , writes: "My colleague Estelle McKee and two students (Jamie Long and Melvin Wu) just won a remand from the BIA in an appeal by a Somali (Mr. D-) who had suffered...

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015)(asylum; Mexico) to be reheard en banc

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015) - Nov. 19, 2015 June 14, 2016 - "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...

Texas Attorney General Halts Unlawful and Deceptive Conduct at Texas Immigration Law Firm

Texas A.G. Ken Paxton, June 24, 2016 - "The Texas Attorney General’s Office has secured an Agreed Final Judgment and Permanent Injunction against a former immigration attorney, Paul A. Esquivel, his former associate attorney, Juan Carlos Penaflor, and former office manager, Olvia Martinez...

Asylum Seekers File Class Action Lawsuit Against DHS Over One-Year Filing Deadline

NWIRP, July 1, 2016 - "The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period. In fact, bureaucratic obstacles, a well-documented court backlog, and jurisdictional disputes between agencies often...

Unpublished BIA Victory in Religious Persecution Case - Benin

Cornell Law Prof. Steve Yale-Loehr writes: "Krsna Avila and Yanet Cordero, two of our students in the Cornell asylum appeals clinic, just won a remand from the BIA in a case involving religious persecution in Benin. The case involved a man who converted from Voudon (also known as Voodoo) to Christianity...

Cuban Asylum-Seekers Held at Gitmo Denied Access to Counsel

Carolina Bolado, Law360, July 8, 2016 - "A Florida federal judge ruled Friday that a group of Cubans seeking entry into the U.S. after being apprehended on a lighthouse off the Florida Keys won't be granted access to counsel during the course of their legal proceedings because they are not being...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding and (2) ignoring material documentary...

CA5 on Asylum, Ethiopia - Sealed Case

Sealed Case, July 15, 2016 - "Petitioner testified that he had been tortured by the Ethiopian government because it suspected he and his family members supported a terrorist organization called the Ogaden National Liberation Front (“ONLF”). The IJ denied relief because Petitioner did...

News Excerpts From the Aug. 1, 2016, Bender’s Immigration Bulletin

Class Certification Granted in Suit Over Legal Representation for Minors | On June 24, 2016, a federal judge granted a request to certify a class of children in an ongoing suit against the Attorney General for failing to providing legal representation. The main class certified by the court consists...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding and (2) ignoring material documentary...

Inside the Administration's $1 Billion Deal to Detain Central American Asylum Seekers

Chico Harlan & Priscila Mosqueda, Washington Post, Aug. 14, 2016 - "As Central Americans surged across the U.S. border two years ago, the Obama administration skipped the standard public bidding process and agreed to a deal that offered generous terms to Corrections Corporation of America, the...

Special Report: Divided by Detention - Asylum-Seeking Families’ Experiences of Separation

Leigh Barrick, Aug. 31, 2016 - "As the number of asylum-seeking families from El Salvador, Guatemala, Honduras, and Mexico arriving in the United States soared in recent years, the Obama Administration aggressively expanded family detention in an attempt to “deter” the arrival of others...

Unpublished BIA Remands: 1-Year Asylum Deadline - FOIA Results

Attorney Bryan Johnson writes: "Here is the link to full FOIA results of certain BIA remands: https://www.dropbox.com/sh/ii49w8ybsb31q67/AAABiGOuyufqOGTK23QI8BTCa?dl=0 https://www.dropbox.com/s/gqs5i872hocq5tm/2016-23184%20Admin%20%26%20BCR%20Redacted%20Final.pdf?dl=0 I've yet to...

Asylum Victory in Portland (Mexico; PSG)

Amanda Gray writes: "I wanted to share with you a recent IJ decision granting asylum to a woman and her four children* based on her membership in the particular social group of “Mexican women unable to leave their domestic relationship.” DHS made the argument that Respondent did not...

EOIR OPPM: I-589s Can Be Filed at Window or By Mail

EOIR, Sept. 14, 2016 - "Effective immediately, applications for asylum (Application for Asylum and for Withholding of Removal, Form 1-589) may be filed at the window or by mail. They are no longer required to be filed at a master calendar hearing. This applies to all Form 1-589s, regardless of whether...

Lawyers Call for Investigation of Immigration Judges re Asylum, Children

Bryan Johnson, Sept. 29, 2016 - "Several Immigration Judges at the Charlotte and Atlanta Immigration Courts are responsible for knowingly and systematically depriving unrepresented immigrants before them of their right to apply for asylum and/or Special Immigrant Juvenile Status. What follows is...