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...
Jaco v. Garland
"Jaco’s petition makes two arguments. First, that the BIA erred in failing to either consider or remand for consideration of additional proposed “particular social groups” that Jaco raised for the first time on appeal. And second, that the BIA erred in concluding that Jaco’s proposed group—Honduran women who are unable to leave their domestic relationships—is not a “particular social group” within the meaning of 8 U.S.C. § 1101(a)(42)(A) (claims for asylum) and 8 U.S.C. § 1231(b)(3)(A) (claims for withholding of removal). ... In holding that Jaco’s proposed group is not cognizable, we do not hold that women who have suffered from domestic violence are categorically precluded from membership in a particular social group. We hold only that a particular social group’s immutable characteristics must make the group sufficiently particularized and socially distinct without reference to the very persecution from which its members flee. ... We DENY Jaco’s petition for review. The BIA did not abuse its discretion in concluding that Jaco’s particular social group was not cognizable, and substantial evidence supported its conclusion."
[Editor's Note: This was a pro se case. Given the stakes, CA5 should have appointed counsel. I hope pro bono counsel will step forward to petition for rehearing and/or en banc review.]