Ferreira v. Garland "Pamlar Ferreira petitions for review of a decision by the Board of Immigration Appeals ("BIA") upholding the denial of her application for withholding of removal. Ferreira requests that we remand the case so that the BIA may...
Vasquez-Rivera v. Garland "Here, the BIA attributed analysis to the IJ that the IJ never undertook. Finding that none of Vasquez-Rivera’s proposed social groups were cognizable, the IJ concluded that her asylum claims failed. With respect to Vasquez...
Espinoza-Ochoa v. Garland "Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that "constitute[d] persecution." But the agency concluded...
Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family membership is incidental or subordinate to that other ultimate...
Turcios-Flores v. Garland "Under the correct analysis, the record here compels a conclusion that Honduran rural landownership in this case is a common fundamental characteristic because Turcios-Flores should not be required to change this aspect of her identity...
Cristobal Antonio v. Garland "Rebeca Cristobal Antonio, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) streamlined affirmance of the immigration judge’s (“IJ”) denial of her claims for asylum, withholding...
Bimpong* v. Garland "Bimpong argues that the BIA erred in concluding that he failed to establish that his membership in a particular social group (“PSG”) is a nexus for the persecution he fears— as is required to qualify for asylum or withholding of removal...
Hats off to Prof. Hiroko Kusuda for her victory in New Orleans Immigration Court ! IJ Eric Marsteller distinguished Jaco v. Garland, stating: "The Fifth Circuit in Jaco v. Garland suggested that "Honduran women" is not sufficiently particular. 16...
Luna-Deportillo v. Garland "The Board dismissed the Petitioners’ appeal after determining that Luna-Deportillo’s particular social group of the nuclear family of a teenage girl who was threatened due to her refusal to join a criminal gang and the gang’s...
Claudia Brett Goldin reports: "I'm very happy to share [this] decision from IJ Trujillo granting our client asylum based on her membership in the PSG "indigenous Mayan Guatemalan women." Huge congratulations to Eric Pavri , who tried this case...
Dr. Alicia Triche writes: "Your readers will recall this case holds Matter of A-B- III applies to existing DV asylum claims, holds IJs/BIA are to consider int’l obligations in DV asylum claims, calls into doubt the duty to articulate PSGs to the IJ, and reverses...
Zometa-Orellana v. Garland "Ana Mercedes Zometa-Orellana, a native and citizen of El Salvador, suffered regular beatings and rape by her domestic partner. She sought asylum and withholding of removal based both on political opinion and membership in a particular...
CLINIC, Dec. 21, 2020 "On Dec. 10, 2020, the Ninth Circuit vacated the decision of the Board of Immigration Appeals in Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020) . CLINIC and the Duke University School of Law have published a practice alert to advise...
Hernandez-Cartagena v. Barr "Petitioner is correct that the IJ and BIA failed to adequately address unrebutted evidence in the record -- evidence that compels the conclusion that Petitioner’s family membership was at least one central reason for her persecution...
Jeffrey S. Chase, Aug. 16, 2020 "In Akosung v. Barr , a young woman from Cameroon had been sentenced against her will to marry the village chieftain, or Fon , in order to settle a family debt. Not wishing to suffer this fate, she first hid locally. After...