Claudia Brett Goldin reports: "I'm very happy to share [this] decision from IJ Trujillo granting our client asylum based on her membership in the PSG "indigenous Mayan Guatemalan women." Huge congratulations to Eric Pavri , who tried this case...
Dr. Alicia Triche writes: "Your readers will recall this case holds Matter of A-B- III applies to existing DV asylum claims, holds IJs/BIA are to consider int’l obligations in DV asylum claims, calls into doubt the duty to articulate PSGs to the IJ, and reverses...
Zometa-Orellana v. Garland "Ana Mercedes Zometa-Orellana, a native and citizen of El Salvador, suffered regular beatings and rape by her domestic partner. She sought asylum and withholding of removal based both on political opinion and membership in a particular...
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...
Corea Escoto v. Garland (unpub.) "Given the BIA’s repeated reliance on A-B-, briefing on the effect of A-B-’s overruling is necessary. We remand to the BIA to reconsider Corea’s asylum claim in the first instance, this time under pre-A-B- caselaw."...
This 62-page gem is a gold mine full of big, fat, shiny nuggets. Before highlighting a few, hats way off to Susan Baker Manning and her team at Morgan Lewis, and Steven H. Schulman and his team at Akin Gump on behalf of the Round Table! Here are the highlights...
Arita-Deras v. Wilkinson "Maria Del Refugio Arita-Deras, a native and citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (the Board). The Board affirmed an immigration judge’s (IJ) conclusion...
Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021) - Individuals who cooperate with law enforcement may constitute a valid particular social group under the Immigration and Nationality Act if their cooperation is public in nature, particularly where testimony was...
CLINIC, Dec. 21, 2020 "On Dec. 10, 2020, the Ninth Circuit vacated the decision of the Board of Immigration Appeals in Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020) . CLINIC and the Duke University School of Law have published a practice alert to advise...
Hernandez-Cartagena v. Barr "Petitioner is correct that the IJ and BIA failed to adequately address unrebutted evidence in the record -- evidence that compels the conclusion that Petitioner’s family membership was at least one central reason for her persecution...
Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (1) In conducting its review of an alien’s asylum claim, the Board of Immigration Appeals (“Board”) must examine de novo whether the facts found by the immigration judge satisfy all of the statutory elements...
Jeffrey S. Chase, Aug. 16, 2020 "In Akosung v. Barr , a young woman from Cameroon had been sentenced against her will to marry the village chieftain, or Fon , in order to settle a family debt. Not wishing to suffer this fate, she first hid locally. After...
Akosung v. Barr "Yvette Akosung fled her Cameroonian village after she was ordered to marry the village chieftain, known as the Fon. For more than a year, she lived in hiding, moving from place to place to avoid capture. The Fon’s envoys pursued Akosung...
Diaz-Reynoso v. Barr "Sontos Maudilia Diaz-Reynoso, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing her appeal of an Immigration Judge’s (IJ) order denying her application for withholding...
Ordonez Azmen v. Barr "Mario Ordonez Azmen petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to remand and dismissing his appeal of the denial of his asylum and statutory withholding claims under the Immigration...