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...
Vasquez-Rivera v. Garland
"Here, the BIA attributed analysis to the IJ that the IJ never undertook. Finding that none of Vasquez-Rivera’s proposed social groups were cognizable, the IJ concluded that her asylum claims failed. With respect to Vasquez-Rivera’s family in particular, the IJ found that Vasquez-Rivera “did not establish that her family was or will be identified as a distinct group.” As a result, the IJ never resolved whether Vasquez-Rivera could prove a nexus between her membership in her family and her persecution. The only reference to the nexus requirement in the IJ’s opinion is with respect to a different particular social group—“Salvadoran women and girls whose parents live outside the country.” There, the IJ found that “even if this [were] a cognizable group, there is no nexus” between Vasquez-Rivera’s claim and this group. But the IJ made no similar finding regarding the family-as-a-particular-social-group claim. So the BIA’s conclusions as to the nexus required to prove asylum for this social group lack support in the record and constitute improper de novo factfinding. See 8 C.F.R. § 1003.1(d)(3)(i). ... [W]e remand to the BIA to apply circuit nexus precedent to Vasquez-Rivera’s asylum claim and claim for withholding of removal based on her membership in her family."
[Hats off to Paul Ben Sion Grotas!]