LexisNexis® Legal Newsroom
CA2 on Evidence, Persecution: Huang v. Holder (Unpub.)

"The agency’s finding that Huang did not meet his burden of proof because he failed to submit corroborating evidence is not supported by substantial evidence. Although the agency identified what evidence should have been obtained and why such evidence was required, it neither explained why...

CA9 on BIA 'Shell Game' - Zhao v. Holder

"Absent some reasoned explanation appropriate to the particular circumstances, the BIA simply cannot shift its proof requirements. To do so is to subject petitioners to an administrative shell game. Therefore, under the circumstances presented by this case, it was contrary to law and an abuse of...

BIA on Reliable Evidence, Alien Smuggling: Matter of Guzman-Sanchez (Unpub.)

"The Immigration Judge found that, based on the testimony of a Department of Homeland Security ("DHS") Special Agent and two Border Patrol Agents, as well as documentary evidence of record including an 1-213, Record of Deportable/Inadmissible Agent, the DHS had established by clear and...

CA9 on Preponderance, Impeachment Evidence: Urooj v. Holder

"In proceedings to terminate a grant of asylum, DHS must establish the grounds for termination by a preponderance of the evidence. 8 C.F.R. § 1208.24(f). The pivotal legal question before this Panel, which we review de novo, is whether DHS can satisfy its burden through impeachment evidence...

CA2 on Evidence: Indradjaja v. Holder

"The BIA denied Indradjaja’s motion to reopen because she had not submitted an affidavit in support of the new evidence she proffered, and because she had not submitted copies of the sources on which her expert relied, it refused to consider the expert report supporting her motion. By attaching...

CA3 on Meaningful Consideration of Evidence by BIA: Zhu v. Attorney General

"Because the BIA’s opinion did not reflect meaningful consideration of much of the evidence that Zhu submitted in support of her motion, we will grant the petition for review, vacate the order denying the motion to reopen, and remand to the BIA for further proceedings." - Zhu v. Attorney...

DHS to Roll Out New Regs to Benefit Some H-1B Spouses and Skilled Workers

"[T]he Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing obstacles to...

CA9 on Credibility, Notice, Evidence: Zhi v. Holder

"Petitioner Ai Jun Zhi, a Chinese citizen, petitions for review of the denial of his application for asylum and withholding of removal. As we explain below, one of the bases for the immigration judge’s (“IJ”) adverse credibility determination is not supported by substantial evidence...

CA7 on Belarus, Evidence: Sobaleva v. Holder

"We conclude that two significant flaws in the decisions of both the immigration judge and the Board require that the petition be granted and the case remanded for further consideration. First, the judge and the Board applied the wrong legal standard to conclude that Sobaleva was not persecuted...

CA1 on Evidence, TPS, El Salvador: Shul-Navarro v. Holder

"In short, both the Immigration Judge and the Board failed to explain adequately the only finding they expressly made in considering Shul's application for temporary protected status: that Shul failed to provide "reliable" information that he was even "in" the United States...

CA11 on 'Reasoned Consideration' of Evidence: Gaksakuman v. U.S. Attorney General

"Gaksakuman argues that the Board erred when it denied his application for asylum, withholding of removal, and relief under the Convention based on his membership in the social group of “failed asylum seekers.” The Immigration Clinic of the University of Miami School of Law, as amicus...

CA2 on Evidence: Urgen v. Holder

"Petitioner contends that his testimony and evidence were sufficient to establish that he is a stateless Tibetan born in Nepal. Because the Board of Immigration Appeals erroneously required Petitioner to prove his nationality through documentary evidence alone, we VACATE and REMAND the Board of...

BIA on Use of I-9 in Removal Proceedings: Matter of Bett

Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N Dec. 437 (BIA 2014) .

CA9 on Kenya, Evidence, Confidentiality, Authentication: Owino II

"... Owino petitioned for review and we granted the petition. Owino v. Holder , 575 F.3d 956 (9th Cir. 2009) (per curiam). ... The BIA dismissed Owino’s appeal on April 23, 2012. It affirmed the IJ’s denial of Owino’s motion to admit additional evidence, reasoning that Owino had...

CA9 on Evidence, CIMT: Vargas Cervantes v. Holder (upholding Rotimi)

"We hold that although the BIA correctly determined that Vargas’s conviction under California Penal Code § 422 was for a CIMT and that Vargas is ineligible for an extreme hardship waiver, the BIA erred in concluding that Vargas’s conviction under California Penal Code § 273...

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder (unpub.)

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in support of a petitioner’s case, in the...

CA7 on Corroboration, Asylum, Zimbabwe: Sibanda v. Holder

"After fleeing from her native Zimbabwe to the United States, Lucy Sibanda applied for asylum and other relief from removal. She fears that if she is repatriated, her brother‐in‐law will exercise his rights under a tribal custom that deems her, his brother’s widow, his property and will attempt...

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in support of a petitioner’s case, in the...

CA7 on Evidence, Ineffective Assistance: Chen v. Holder

"Where, as here, the Board ignores a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion. ... Thus, the petition for review is granted. The Board should determine if Chen’s attorneys incompetently neglected to offer evidence and arguments that might...

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 Due Process, Evidence, Witness Cross-Examination: Karroumeh v. Lynch

Karroumeh v. Lynch, Apr. 29, 2016 - "Mohsen Karroumeh petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA” or “Board”). The Board determined that Karroumeh was removable because he entered into a sham marriage for immigration...

CA8 on Evidence of Admission, Departure: Rodriguez-Quiroz v. Lynch

Rodriguez-Quiroz v. Lynch, Aug. 31, 2016 - "Francisco Rodriguez-Quiroz, a native and citizen of Mexico, was charged with being subject to removal as an alien present in the United States without inspection and without admission or parole. Following a total of twelve hearings spread over a period...

BIA on Bosnian War, Persecutor Bar, Evidence, Burden of Proof: Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017)

Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017) - Where the record contains some evidence from which a reasonable factfinder could conclude that one or more grounds for mandatory denial of an application for relief may apply, the alien bears the burden under 8 C.F.R. § 1240.8(d) (2016) to prove...

CA1 on Asylum, Internal Relocation, Evidence: García-Cruz v. Sessions

García-Cruz v. Sessions, May 26, 2017 - "There is significant evidence in the record supporting a conclusion that relocation would be unreasonable. But García-Cruz has understandably focused on the BIA's failure to properly analyze the reasonableness factors, rather than whether...

CA9 on CAT, Ethiopia, Evidence: Agonafer v. Sessions

Agonafer v. Sessions, June 23, 2017 - "[T]he BIA abused its discretion by disregarding or discrediting the undisputed new evidence submitted by Agonafer regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the government and private citizens. Therefore...