Avila v. Atty. Gen. "Avila argues that the BIA failed to consider whether Avila’s particular social group (PSG) was cognizable in light of the specific country conditions in Honduras. We agree and will grant Avila’s petition for reconsideration...
Blancas Hermosillo v. Garland "In 2018, the Department of Homeland Security (DHS) reinstated a 1999 removal order entered against Petitioner Eric Blancas Hermosillo. Because Blancas Hermosillo expressed a fear of returning to Mexico, an asylum officer conducted...
Matter of C-G-T- "The respondent testified that he was abused by his father as a child because of his sexual orientation. He testified that he knew he was gay at a young age. He further testified that his father called him a girl, targeted him for particularly...
Lin v. Garland "The question before us is whether the BIA’s determinations are supported by substantial evidence. As will be explained below, the BIA’s rationale does not allow us to make that determination. So we grant Lin’s petition and...
Chicas-Machado v. Garland "In sum, the BIA erred in finding that Chicas-Machado was not a refugee under the INA due to a lack of nexus to a protected ground, religion. Chicas-Machado demonstrated past persecution on account of religion, and is therefore...
Matei v. Garland (unpub.) "Romulus Matei and Matei’s derivative beneficiary, Madalina Barbu, petition for review of the Board of Immigration Appeals’ (BIA) decision affirming without opinion the immigration judge’s (IJ) denial of Matei’s application for...
Caballero-Vega v. Garland (unpub., 2-1) "Gerardo Caballero-Vega, a Mexican citizen, entered the United States in 1993 without admission or parole by an immigration officer when he was eight years old. He was removed to Mexico in 2019. Shortly after his removal...
Cristobal Antonio v. Garland "Rebeca Cristobal Antonio, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) streamlined affirmance of the immigration judge’s (“IJ”) denial of her claims for asylum, withholding...
Saban-Cach v. Atty. Gen. "Based on past experiences, if returned to Guatemala, Selvin Heraldo Saban-Cach fears being persecuted by a local gang because of his identity as an indigenous person. Accordingly, he seeks withholding of removal under the Immigration...
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...