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Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization

December 21, 2012 (1 min read)

Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: "Attached is a holiday surprise from the BIA that might be of interest to others.

- Reversing IJ on the one yr. asylum bar finding extraordinary circumstances due to PTSD (entry 1984-filed 2008).  They did not directly address (but seemed to have accepted) the reasonableness argument of not filing asylum immediately with the US government who was supporting the Pinochet regime that perpetrated the persecution.

- Affirming IJ on no terrorist bar- supporting IJ finding that government evidence was "vague" (labeled org. ["Movement of the Revolutionary Left" or "MIR"] without specifying terrorist activities) and contained  "minimal source citation" and therefore insufficient to support allegations that org. was Tier III terrorist org.  Also affirmed IJ's analysis of distinguishing dates of Respondent's individual involvement in org. from dates organization was designated a terrorist org.

- Granting remand on ineffective assistance finding substantial compliance with Lozada with attorney affidavit in lieu of complaint to disciplinary authorities." - Matter of V-T-, Dec. 12, 2012, unpub.