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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...

Cyrus Mehta, Mar. 9, 2019 "In Matter of A-B – , 27 I&N Dec. 227 (A.G. 2018), former Attorney General Jeff Sessions overruled a prior Board of Immigration Appeals (BIA) precedent, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which...

Sophia Genovese, Dec. 10, 2018 - "Acting Attorney General Matthew Whitaker has followed in his predecessor’s footsteps by referring yet another immigration case to himself, Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) . The Acting AG asks...

S.E.R.L. v. Attorney General - "In this immigration case, we consider the term “particular social group,” which is part of the definition of “refugee” in the Immigration and Nationality Act (“INA”), 8 U.S.C. §...

Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) Headnotes: (1)Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2)An applicant seeking...

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies...

Jeffrey S. Chase, Mar. 21, 2018 - "On March 15, lawyers with the firm of Simpson, Thacher & Bartlett filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 11 former immigration judges and BIA Board members in...

Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018) (1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation...

Hats off to Prof. Hiroko Kusuda , Clinic Professor and Director of Immigration Law Section of Loyola University New Orleans College of Law, Stuart H. Smith Law Clinic and Center for Center for Social Justice, and Mary K. Richardson, Student Practitioner...

Jeffrey S. Chase, May 28, 2018 - "On May 23, an amicus brief was filed in the U.S. Court of Appeals for the Fifth Circuit on behalf of a group of 13 former immigration judges (including myself) and BIA members in the appeal of the BIA’s precedent...

Cabrera v. Sessions, May 7, 2018 - "In sum, we hold that the BIA erred in requiring Cabrera to prove past persecution to establish a claim based on a well-founded fear of future persecution; and, second, in recharacterizing Cabrera’s claimed...

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.”...

"In Lin v. Attorney General, 543 F.3d 114 (3d Cir. 2008), we held that “the BIA’s consideration of an issue is sufficient to provide us with jurisdiction over that issue" even if the petitioner fails to raise the issue before the...

"Respondent has established that Guatemalan women who are unable to leave a common law relationship is a particular social group. ... Considering these actions in context with the fact that most such violence in Guatemala is motivated by gender,...

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate...