On Oct. 24, 2022 NYC Immigration Judge Mimi Tsankov granted asylum to Rosario del Carmen Hernandez-Chacon after remand from CA2, Hernandez-Chacon v. Barr, 948 F.3d 94 (2d Cir. 2020). Shared with permission. Hats off to Heather Axford !
Michael Shannon writes: "I wanted to share a very good written decision from IJ Barbara Nelson , who granted asylum to my client based on her actual and imputed feminist political opinion under Hernandez-Chacon v. Barr . Now that the appeal period has run...
Matter of X-, Apr. 12, 2021, unpub. "The respondent has credibly established that his conviction was pretexual in nature and on account of his political opinion. ... We do not find serious reasons to believe that the respondent committed a serious non-political...
Hon. Jeffrey S. Chase, Mar. 7, 2021 "Regarding political opinion, the refugee law scholar Atle Grahl-Madsen famously explained that refugee protection “is designed to suit the situation of common [people], not only that of philosophers...The instinctive...
Lopez Ordonez v. Barr "Hector Daniel Lopez Ordonez was conscripted into the Guatemalan military when he was 15 years old. As part of the G-2 intelligence unit, Lopez Ordonez was ordered— and repeatedly refused—to torture and kill people. After a particularly...
Hernandez-Chacon v. Barr "Petitioner contends that she is entitled to asylum because if she is returned to El Salvador, she will be persecuted on account of her membership in a particular social group ‐‐ Salvadoran women who have resisted the sexual advances...
Jalloh v. Barr (unpub.) "The petitioner in this case fled his home country after receiving death threats for writing a newspaper article calling for the abolition of female genital mutilation. An immigration judge and the Board of Immigration Appeals rejected...
Prof. Geoffrey Hoffman , Director, UHLC Immigration Clinic, writes: "I wanted to share a decision granting a remand from the BIA in a Matter of A-B- type case from my friends and colleagues at The Modi Law Firm!!! Great job. The decision is significant...
Rodríguez-Villar v. Barr "It is bad enough when acts in the nature of persecution are employed to chill the free expression of political opinion. It exacerbates the problem though, when a reviewing tribunal turns such acts upside down and heralds their chilling...
"Kamalpal Singh, a 51-year-old native and citizen of India, petitions for review from the BIA’s denial of his application for asylum and withholding of removal based on imputed political opinion. Singh entered the United States in 2006 after fleeing egregious...
"Javed's credible, factual testimony amply established that his persecutors imputed a political opinion to him (albeit incorrectly), and that this opinion was at least a "central reason" for their attacks on him. ... The Board and IJ's contrary...
"The issue here is whether Jabr sufficiently showed that the persecution he endured was on account of a statutorily protected ground. The IJ concluded that members of the PIJ were simply interested in recruiting Jabr and found nothing in the record to suggest...
"Ruqiang Yu petitions for review of a decision of the Board of Immigration Appeals that affirmed the Immigration Judge’s decision denying Yu’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We conclude...
"Although the abuse-of-discretion standard is rigorous, our review convinces us that the BIA abused its discretion when it affirmed that the Maoists’ demands for money from KC did not constitute past persecution based on her political opinion. ... [T]he IJ...