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...
Marvin A.G. v. Garland
"Upon our review, we conclude that the Board abused its discretion by applying an incorrect legal standard in its nexus analysis for the petitioner’s asylum and withholding of removal claims. We also hold with regard to these two claims that the Board abused its discretion by arbitrarily disregarding the petitioner’s testimony about the threat of future persecution. However, we reject the petitioner’s argument that the Board abused its discretion with regard to his CAT claim. The Board provided specific reasons for finding the petitioner’s testimony insufficient to meet his burden of proof, and appropriately evaluated the evidence under the futility exception. We thus grant in part and deny in part the petition for review, vacate in part the Board’s order denying reconsideration, and remand for further proceedings consistent with this opinion. ... We thus conclude that the IJ erred by applying an incorrect standard in the nexus analysis, and that the Board abused its discretion because it “compounded the [IJ’s] error by failing to recognize it.” Perez Vasquez, 4 F.4th at 223. In addition, both the IJ and the Board failed to address substantively the petitioner’s testimony about the threat of future persecution. ... The Board thus applied the incorrect legal standard for the nexus analysis and arbitrarily disregarded relevant evidence. Accordingly, we hold that the Board abused its discretion in denying the petitioner’s motion to reconsider his asylum and withholding of removal claims, and we remand for the agency to “meaningfully consider [the petitioner’s] evidence” under the correct legal standard."
[Hats off to Eric Suarez!]