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...
Luna-Deportillo v. Garland
"The Board dismissed the Petitioners’ appeal after determining that Luna-Deportillo’s particular social group of the nuclear family of a teenage girl who was threatened due to her refusal to join a criminal gang and the gang’s perception that she was a “snitch” was not cognizable. The Board relied on the Attorney General’s decision in In re L-E-A-II to conclude that the Petitioners’ nuclear family was not socially distinct and was impermissibly circularly defined. In light of the Attorney General’s decision to vacate In re L-E-A-II in its entirety and our precedent holding that the nuclear family is the “prototypical example of a particular social group,” Crespin-Valladares v. Holder, 632 F.3d 117, 125 (4th Cir. 2011) (internal quotation marks omitted), we conclude that the Board erred by rejecting Luna-Deportillo’s particular social group for lacking social distinction. We further conclude that the particular social group was not impermissibly circularly defined. The particular social group of the nuclear family exists independently of the fact that the family members fear persecution on account of the criminal gang’s attempt to recruit Luna-Deportillo’s daughter. Accordingly, we grant the petition for review and remand the case to the Board for further proceedings.∗ ∗ We take no position on whether the Petitioners should be granted relief."