Huynh v. Garland "Nguyen Chi Cuong Nmn Huynh petitions for review of a Board of Immigration Appeals (BIA) order affirming that he is removable because he was convicted of a state crime constituting...
This document is scheduled to be published in the Federal Register on 05/29/2024 "On September 8, 2023, the Department of Justice (“Department”) published a notice of proposed rulemaking...
Matter of M-N-I-, 28 I&N Dec. 308 (BIA 2024) Since choice of law is dependent on venue in Immigration Court proceedings, the controlling circuit law is not affected by a change in the administrative...
FWAF v. Moody, May 23, 2024 "On May 23, 2024, we entered a Supplemental Order on the Scope of the Preliminary Injunction (the “Supplemental Order”) [ECF No. 100]. In that Supplemental...
Tulung v. Garland "[I]n reviewing the motion to reopen, the BIA discarded evidence -- without considering its merits -- on legally unjustifiable bases. The BIA retains wide latitude to weigh such...
Jathursan v. Atty. Gen.
"Pathmanathan Jathursan, a native and citizen of Sri Lanka, seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). The BIA found no clear error in the immigration judge’s findings that Jathursan failed to establish (1) past persecution on account of a protected ground, (2) a well-founded fear of future persecution on account of a protected ground, or (3) that he would more likely than not be tortured in the event he returned to Sri Lanka. Following oral argument, we grant Jathursan’s petition for review in part, vacate the BIA’s order in part, and remand to the BIA for further consideration of his asylum and withholding-of-removal claims based on his fear of future persecution as a Tamil failed asylum seeker. We also vacate and remand on the BIA’s denial of relief under CAT."
[Hats off to Visuvanathan Rudrakumaran!]