In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law: "Because Lead Petitioner credibly...
This document is scheduled to be published in the Federal Register on 12/07/2023 "The Department of State (“Department”) is amending its regulation governing immigrant visas by removing...
On July 10, 2023, a Fifth Circuit panel dismissed Mr. Argueta-Hernandez' petition for review for lack of jurisdiction, 73 F.4th 300. On Dec. 5, 2023 the panel (Higginbotham, Graves, and Douglas)...
Here is a look back at what I posted to this blog on Dec. 5, 2006 .
Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family...
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 separate asylum application, and thus each claim must stand on its own merits.” Id. at 3.). The BIA then claims to have come to an “independent conclusion” which “this reasoning by the Immigration Judge does not meaningfully impact.” However, the BIA must rely on the factual findings of the IJ, which were likely impacted by the incorrect legal posture through which the IJ viewed the case. Zumel v. Lynch, 803 F.3d 463, 475 (9th Cir. 2015). IV. Considering this error, and in order that the IJ and the BIA may have the benefit of the increased clarity provided by Matter of L-E-A-, we determine it prudent to remand. We recognize that Matter of L-E-A- is at odds with the precedent of several circuits. Matter of L-E-A-, 27 I&N Dec. at 589-91 (analyzing precedent from the First, Fourth, Sixth, Seventh, Eighth, and Ninth Circuits). However, it is not at odds with any precedent in the Fifth Circuit. We therefore VACATE and REMAND for consideration in light of Matter of L-E-A-."
[Hats off to Vinesh Patel and Francisco Avillar!]