DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
K.O. v. Garland (unpub.)
"The record evidence in this case shows that K.O. had been diagnosed with post-traumatic stress disorder (PTSD), anxiety, and depression, and was prescribed medication for PTSD while in immigration custody. ... K.O. urged that the IJ consider his history of mental illness before deciding the issue of removability. ... As the Government does not dispute, under these circumstances, the BIA’s own precedent, Matter of M-A-M-, compelled the IJ to make a finding about K.O.’s competency. ... But the IJ failed to do so. ... We therefore remand to the agency for a new hearing consistent with Matter of M-A-M-. We decline to address the issue of whether the asylum claim was untimely. On remand, however, K.O. may raise the issue of his PTSD diagnosis and the effect of that diagnosis on his ability to timely file his application before the IJ. ... We next review the agency’s credibility and corroboration determinations for substantial evidence. ... In finding K.O. not credible, the IJ made several errors. ... Absent the initial findings that called into question K.O.’s credibility, the absence of corroboration cannot be a basis for the adverse credibility determination. ... The BIA’s failure to acknowledge the mother’s affidavit warrants remand. ... We have considered the Government’s remaining arguments and conclude that they are without merit. For the foregoing reasons, the petition for review is GRANTED, the BIA’s decision is VACATED, and the case is REMANDED for proceedings consistent with this order."
[Hats way off to appointed pro bono counsel Beatrice Franklin and Arun Subramaniam, both of whom clerked for the late Justice Ruth Bader Ginsburg! Note that this Petition for Review was filed in 2018. Also note (from PACER) that K.O. was removed in the interim. I hope counsel move for publication, and are able to persuade DHS to return K.O. to the U.S.]