Bimpong* v. Garland "Bimpong argues that the BIA erred in concluding that he failed to establish that his membership in a particular social group (“PSG”) is a nexus for the persecution he fears— as is required to qualify for asylum or withholding of removal...
Sorto-Guzman v. Garland "Petitioners Zoila Sorto-Guzman and Axel Rivas-Sorto, a twenty-three-year-old mother and her seven-year-old son, respectively, seek asylum in the United States after fleeing El Salvador following death threats and violence at the...
Nababan v. Garland "[W]e hold that the BIA committed legal error because it did not assess the individualized risk of persecution that Petitioners face due to their identity as evangelical Christians. Accordingly, we grant the petition for review and remand...
Duke Law, Aug. 12, 2021 "Duke Law School’s Immigrant Rights Clinic filed amicus curiae briefs before the Fifth Circuit Court of Appeals last week on behalf of a group of international refugee law scholars and the American Immigration Lawyers Association...
Matter of Negusie, 28 I&N Dec. 399 (A.G. 2021) - "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed...
Liang v. Atty. Gen. "Divide and conquer is a good military strategy but a bad judicial one. Judges must consider how related facts weave together into a narrative. Chinese officials caught Cha Liang practicing his faith, so they beat, jailed, and then threatened...
Spring, Texas attorney Veronica Semino scored this unpublished BIA remand for her client, who was detained in Oakdale. UPDATE: On Nov. 10th, the IJ granted AOS and the client was released from ICE detention! In the single-member decision dated Aug. 5, 2021...
Ghanem v. Atty. Gen. "Adel Ghanem, a former lawful permanent resident of the United States, seeks to avoid removal to Yemen, from which he fled to avoid persecution on account of political opinion. He pursues three forms of relief that were denied by the...
Rodriguez Tornes v. Garland "Petitioner Maria Luisa Rodriguez Tornes, a native and citizen of Mexico, testified to a lifetime of severe abuse from her mother, her estranged husband, and her partner for, in their eyes, being insufficiently subservient to...
orales Lopez v. Garland (unpub.) "[W]e agree with her overarching point: the IJ and the BIA improperly determined that Morales Lopez did not make a sufficient showing of past persecution and a well-founded fear of future persecution. ... Morales Lopez argues...
Aden v. Wilkinson "Abdi Ali Asis Aden petitions for review of the Board of Immigration Appeals’ (the “BIA” or “Board”) dismissal of his appeal of an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal from Somalia...
Argueta Diaz de Gomez v. Wilkinson "Diaz de Gomez claims that she received repeated death threats from a gang in Guatemala after she and her family witnessed a mass killing by gang members and refused to acquiesce to the gang’s extortion and other demands...
Kaur v. Wilkinson "The BIA erred in imposing evidentiary requirements of ongoing injury or treatment beyond the sexual assault itself in order to show persecution. Kaur’s credible testimony about the attempted gang rape is sufficient to show persecution...
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...
Acting Attorney General, Jan. 14, 2021, Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) Headnotes: (1) Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), did not alter the existing standard for determining whether a government is “unwilling or unable” to prevent...