LexisNexis® Legal Newsroom
BIA on Right to Asylum Hearing: Matter of E-F-H-L-

"In the ordinary course of removal proceedings, an applicant for asylum or for withholding or deferral of removal is entitled to a hearing on the merits of those applications, including an opportunity to provide oral testimony and other evidence, without first having to establish prima facie eligibility...

BIA on Asylum Fraud: Matter of P-S-H-

"To terminate a grant of asylum pursuant to 8 C.F.R. § 1208.24 (2013), the Department of Homeland Security must establish, by a preponderance of the evidence, that (1) there was fraud in the alien’s asylum application and (2) the fraud was such that the alien was not eligible for asylum...

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained. The respondent, a native and citizen of EI Salvador...

Unpub. BIA Asylum Remand Victory: Honduras, Social Group

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (clarifying what is required to establish a particular...

Unpub. BIA Asylum Remand Victory; China

"Upon our de novo review, we will reverse the Immigration Judge's conclusion that the harm the lead respondent experienced does not rise to the level of persecution. ... We will remand for the Immigration Judge to allow the Department of Homeland Security (DHS) an opportunity to rebut the presumption...

BIA on Competency, Asylum - Matter of J-R-R-A-

OFFICIAL HEADNOTE : If an applicant for asylum has competency issues that affect the reliability of his testimony, the Immigration Judge should, as a safeguard, generally accept his fear of harm as subjectively genuine based on the applicant’s perception of events. - Matter of J-R-R-A-, 26 I&N...

BIA on Asylum, Credibility, Time Bar: Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)

Official Headnotes : (1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application that is properly viewed as a new application...

Unpub. BIA PSG (Pro Bono) Asylum Victory - Honduran Journalist

Hats off to Kramer Levin pro bono attorney Marsha Sukach , volunteering for the BIA Pro Bono Appeals Project , who scored this ' particular social group ' asylum win on appeal: "[W]e conclude that the respondent has demonstrated he suffered past persecution on account of his membership...

Unpub. BIA Asylum Victory Extends Matter of A-R-C-G-

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "[ Linked here ] is a redacted version of a recent [18 Dec 2015] BIA asylum victory that my colleague Sital Kalantry and two Cornell law students litigated. The case involves a woman from El Salvador who was...

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status, the BIA relied on its precedential decision, C-J-H...

Unpub. BIA Asylum Victory: Honduras, Domestic Violence, Social Group

Christina Brown writes, "[Here is an] unpublished BIA decision granting asylum on an A-R-C-G- claim for an unmarried woman in a short term relationship. If you need any additional information, including facts about the case, please do not hesitate to contact me." The Law Office of Christina...

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude 'that a remand is warranted for further proceedings...

Cornell Asylum Clinic Wins BIA Remand for Somali (unpub., May 25, 2016)

Stephen W. Yale-Loehr, Professor of Immigration Law Practice, Cornell Law School , and Co-Author, Immigration Law & Procedure Treatise , writes: "My colleague Estelle McKee and two students (Jamie Long and Melvin Wu) just won a remand from the BIA in an appeal by a Somali (Mr. D-) who had suffered...

Unpublished BIA Victory in Religious Persecution Case - Benin

Cornell Law Prof. Steve Yale-Loehr writes: "Krsna Avila and Yanet Cordero, two of our students in the Cornell asylum appeals clinic, just won a remand from the BIA in a case involving religious persecution in Benin. The case involved a man who converted from Voudon (also known as Voodoo) to Christianity...

Unpublished BIA Remands: 1-Year Asylum Deadline - FOIA Results

Attorney Bryan Johnson writes: "Here is the link to full FOIA results of certain BIA remands: https://www.dropbox.com/sh/ii49w8ybsb31q67/AAABiGOuyufqOGTK23QI8BTCa?dl=0 https://www.dropbox.com/s/gqs5i872hocq5tm/2016-23184%20Admin%20%26%20BCR%20Redacted%20Final.pdf?dl=0 I've yet to...

Unpub. BIA Asylum Remand; El Salvador; Domestic Violence; One-Year Bar

Prof. Lindsay M. Harris writes : "I write to share a positive decision from the BIA for a mother from El Salvador fleeing domestic violence. It may be helpful on the one-year filing deadline and immigration court backlogs, particular social group, nexus, and "ability to leave." Here is...

Unpub. BIA Asylum Victory, 1-Year Filing Deadline

Matter of X-, June 14, 2016 - "[W]e conclude that the respondent filed her asylum application within a reasonable period of her seeking and receiving mental health services that treated her PTSD symptoms, specifically the avoidance that affected her ability to apply for asylum. Ultimately, we conclude...

BIA on Frivolous Asylum Claim: Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016)

Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016) - (1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of...

BIA on AOS, Termination of Asylee Status: Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)

Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017) (1) An alien who adjusts status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012), changes his or her status from that of an alien granted asylum to that of an alien lawfully admitted for permanent residence...

BIA on IJ Authority to Terminate: Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)

Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) - An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland Security in the first instance.

Unpub. BIA Asylum Victory, Somalia: Matter of K-D-H- (Oct. 5, 2017)

Matter of K-D-H- (Oct. 5, 2017, unpub.) Please read the attached IJ decision. No surprise to those of us in the trenches, but perhaps a wake-up call to those who think the asylum system is easy. Hats off to Marty Rosenbluth !

Unpub. BIA Asylum Remand Insists IJ Follow the Law (Nov. 6, 2017)

Humza Kazmi writes: "Our client brought an asylum claim, through another attorney. The Immigration Judge found that our client was credible, but hadn't provided sufficient corroborative evidence for part of his claim (membership in a particular organization). The attorney told the IJ that there...

The BIA's Withdrawn Amicus Invitation - Jeffrey S. Chase

Jeffrey S. Chase, Nov. 16, 2017 - "The BIA recently withdrew as moot its invitation for amicus briefs on the following issue: whether an applicant who filed a late application for asylum based on two separate grounds (i.e. religion and coercive population control), and who demonstrated changed conditions...

Jeffrey S. Chase: Honor Killings and Particular Social Group

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere...

Unpub. BIA Remand; Westernized Somali; Al-Shabaab (Dec. 5, 2017)

Kim Hunter writes: "Respondent, a Somali national, moved for reopening of his 2003 removal order, arguing that: 1) he was eligible for asylum, withholding, and CAT due to changed country conditions; 2) he was eligible for readjustment of status through a qualifying immediate relative; 3) his underlying...