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...
Cantilloano Cruz v. Sessions, Mar. 13, 2017 -
"Luz Marina Cantillano Cruz (Cantillano Cruz), a citizen of Honduras, petitions forreview of a final order of removal entered by the Board of Immigration Appeals (BIA).1The BIA affirmed an immigration judge’s (IJ) conclusion that Cantillano Cruz was noteligible for asylum, withholding of removal, or protection under the Convention AgainstTorture (CAT). Cantillano Cruz argued before the BIA and IJ that she feared persecutionon account of her nuclear family ties to her husband Johnny Martinez (Martinez), whomshe suspected had been murdered by his employer. The BIA and IJ rejected thisargument and determined that any persecution suffered by Cantillano Cruz occurredbecause she had threatened to report the employer to the police, an act that did not qualifyas a basis for her requested relief.Upon our review, we conclude that Cantillano Cruz’s familial relationship withMartinez necessarily was one central reason for the persecution and fear of futurepersecution established by Cantillano Cruz, thereby meeting the statutory “nexusrequirement” for asylum provided in the Immigration and Nationality Act (INA) in 8U.S.C. § 1158(b)(1)(B)(i). Accordingly, we grant Cruz’s petition and remand her case tothe BIA for further proceedings."
[Hats off to James Edward Tysse, Michelle A. Reed, Steven H. Schulman and Matthew W. Kinskey!]