LexisNexis® Legal Newsroom
Asylum Victory in Arlington: El Salvador, MS-13, Social Group

Attorney Jean C. Han writes: "Attached please find a redacted opinion by Judge Schmidt in Arlington in a gang-related asylum case from June 12, 2012. He found that my client would more likely than not be persecuted on account of MS-13 if she were to return to El Salvador and granted asylum and withholding...

IJ Asylum Victory; El Salvador; Resistance to MS-13

"The Court finds that the government of El Salvador is unable to control the MS-13. ... The Court finds that in light of the small size of El Salvador, the strength of the MS-13, and the fact that Respondent's religious proselytizing in El Salvador is likely to be highly visible to gang members...

IJ: 'Women in El Salvador' a Social Group for Asylum

"Respondent has demonstrated that she is a member of the particular social group consisting of "women in EI Salvador" and that the persecution she fears is on account of her membership in that group. ... Respondent has a well-founded fear of future persecution on account of her membership...

CA9 on Political Opinion: Regalado-Escobar v. Holder

"Jorge Alberto Regalado-Escobar petitions for a review of the decision of the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We review questions of law de novo and the BIA’s factual findings, including...

CA6 on Persecution, El Salvador: Torres-Vaquerano v. Holder (Unpub.)

"José Angel Torres-Vaquerano petitions for review of the Board of Immigration Appeals (BIA) affirmance of the Immigration Judge’s (IJ) decision denying his application for withholding of removal and humanitarian relief. The IJ and BIA both found that Torres-Vaquerano presented no evidence...

CA4 on Asylum, El Salvador, MS-13, Mara 18: Aquino Cordova v. Holder

"Aquino offered evidence that MS-13 subsequently killed his cousin, Vidal, and had previously killed his uncle, both of whom were members of Mara 18. We cannot agree with the Government’s characterization of this evidence as describing nothing more than the “general conditions of upheaval...

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...

IJ Asylum Victory in SF: Single Salvadoran Women, Working Professionals

"[T]he Court finds that "single Salvadoran women who are working professionals" is a cognizable social group under the Act. ... Here, the respondent has established that the government of EI Salvador was either unable or unwilling to protect her and others like her from gang violence....

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate the BIA’s order, and remand for further proceedings...

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...

CA2 Salvadoran Asylum Remand Victory: Zelaya de Ceron v. Lynch (unpub.)

Zelaya de Ceron v. Lynch, May 4, 2016, unpub. - "The sole issue on appeal is whether substantial evidence supports the agency’s determination that the Petitioners failed to show that the Salvadoran government is unable or unwilling to control gang violence, specifically at the hands of the...

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...

CA4 on Persecution, MS-13, El Salvador: Zavaleta Policiano v. Sessions

Zavaleta Policiano v. Sessions - "[T]he IJ and BIA failed to appreciate, or even address, critical evidence in the record. ... we conclude that the BIA erred by affirming the IJ’s clearly erroneous finding. Zavaleta Policiano was not required to prove that the gang’s threats were “exclusively”...