LexisNexis® Legal Newsroom
Unpub. BIA Asylum Victory; China; Breach of Confidentiality

"The respondent's motion alleges that a United States official advised her that in obtaining the respondent's travel documents, for the purpose of removal, he communicated by email with the Chinese Consulate in such a way as to breach the confidentiality requirements at 8 C.F .R. §...

CA2 on Motion to Reopen, New Evidence: Chen v. Holder (Unpub.)

"We remand to the BIA to reopen the proceedings to give full consideration to Chen's evidence and determine whether he has presented sufficient evidence to support an objectively reasonable fear of future persecution." - Chen v. Holder, Apr. 29, 2013 . [Hats off to Joshua Bardavid !]

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder

"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice Department’s brief in this court is even...

CA2 on Derivative Citizenship; Overrules ID 3621: Nwozuzu v. Holder

"The question presented is whether Nwozuzu's failure to become a lawful permanent resident before turning eighteen years old bars him from claiming derivative citizenship from his parents. We hold it does not. ... Nwozuzu applied for citizenship in August 2005 and April 2006, but his application...

CA4 on Misrepresentation, More: Yang v. Holder

Multiple errors by the BIA on multiple issues. Please read the case in full. Excellent lawyering by Joshua Bardavid ! - Yang v. Holder, Oct. 29, 2014 .

CA2 on CIMT: Lugo v. Holder

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction for misprision of felony qualified as a “crime...

CA2 on Evidence, Credibility: Ahmed v. Lynch

"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s 1994 marriage certificate. Given that the removability...

CA7 on Credibility: Yuan v. Lynch

Yuan v. Lynch, June 28, 2016 - "We conclude that the purported inconsistencies regarding Yuan’s injuries and time in the hospital, his method of transportation to the hospital, and whether or not government officials questioned him at his workplace are either so easily explained or so trivial...

H-1B Remand Victory: Next Generation Technology v. Johnson

Next Generation Technology v. Johnson, Sept. 29, 2017 - "In this action, which is before this Court on consent pursuant to 28 U.S.C. 636(c), plaintiffs Next Generation Technology, Inc. (“NGT”) and Puspita Deo (“Deo”) (collectively, “Plaintiffs”) challenge, under...