LexisNexis® Legal Newsroom
Ninth Circuit on Past Persecution: Mendoza-Pablo v. Holder

"This case requires us to determine whether Mendoza-Pablo’s early deprivations growing directly out of the unquestionable persecution of his mother and, more generally, his and his parents’s fear of further persecution growing directly out of the Guatemalan government’s across...

Unpub. BIA Asylum Victory; Egypt, Persecution, 'Unreasonable Expectations'

David L. Cleveland writes: "An asylum applicant from Egypt suffered real harm, including an assault by an unidentified man that left her unconscious, but was denied by the IJ for failing to show the motive of her attacker. The BIA said that the IJ "may have imposed an unreasonable expectation...

CA11 on Persecution, Religion, China: Shi v. U.S. Atty. Gen.

"[T]he only question presented on appeal is whether the record compels the conclusion that Shi suffered past persecution when his church service was broken up, his family’s bibles were confiscated, and he was detained for seven days, slapped, thrown to the floor, and handcuffed to an iron...

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...

CA9 on Persecution: Sumolang v. Holder

"Can a parent applying for asylum or withholding of removal show that she has been persecuted based on suffering or harm inflicted on her child? That question arises here because the strongest evidence supporting the claims of the petitioner, Berawati Notoredjo, involved the death of her three-month...

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...

CA10 (unpub.) on Nepal, Maoists, Persecution: Sherpa v. Holder

"Mr. Sherpa argues that the IJ erred in failing to find a nexus between his past persecution—specifically the severe beating and frequent death threats—and his political opinion. Mr. Sherpa alleges that as a result, the IJ erred in concluding that he failed to demonstrate past persecution...

CA9 on Persecution, Belarus: Rusak v. Holder

"On the current record, it is clear that Ms. Rusak has established a claim of past persecution based on the abuses endured by her parents while she was a child. Nor has the government successfully proven that conditions in Belarus have changed sufficiently that Ms. Rusak no longer has a well-founded...

CA9 on Asylum, Russia, Persecution of Homosexuals: Doe v. Holder

"We grant the petition in this matter because we conclude that Doe met his burden of presenting evidence that the Russian government was unable or unwilling to control the nongovernmental actors who persecuted him because he is a homosexual. We also hold that in order to obtain the relief he requested...

Unpub. BIA Asylum Victory, Senegal, FGM

"Contrary to the Immigration Judge's finding (I.J. at 10-11), the fact that the respondent does not fear being subjected to female genital mutilation upon her return to Senegal is insufficient to rebut the presumption of future persecution. Rather, an asylum applicant who has suffered female...

CA1 on IJ/BIA Errors of Fact: Perez v. Holder

"As [OIL] now concedes, both the BIA and the IJ mistakenly concluded that Perez could have continued his social activism provided he paid extortion money to the gang members. But that erroneous finding conflated Perez's testimony that the gang demanded payment for the continued operation of...

CA1 on Asylum, Persecution, Indonesia: Panoto v. Holder

"Petitioner Marla Panoto and her husband, both Indonesian citizens, petition for review of an order of the Board of Immigration Appeals ("BIA") affirming an order of an Immigration Judge ("IJ") denying her request for asylum. Because the BIA gave an insufficient explanation of...

CA2 on China, Persecution, Coercive Population Control: Chen v. Holder

"Substantial evidence here supports the agency’s finding that Chen failed to demonstrate that the imposition of a severe fine deprived him of the basic necessities of life or impoverished him before he left China. Accordingly, we deny review of the BIA’s past persecution ruling. The...

CA11 on China, Persecution: Huang v. Holder

"It’s not always enough to say that you did something. Sometimes, you have to show it as well. Or at least you have to not do something else that may raise a question as to whether you did what you said you did. In this petition, the Board of Immigration Appeals affirmed the Immigration...

CA2 on Past Persecution, Kyrgyz Republic: Pan v. Holder

"Aleksandr Pan petitions for review of the January 7, 2013 order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT). For...

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...

CA9 on Indonesia, Changed Conditions: Salim v. Lynch

Salim v. Lynch, Aug. 1, 2016 - "Kurniawan Salim (“Salim”), a native and citizen of Indonesia, petitions for review from the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen his asylum and withholding of removal proceedings. Salim is a practicing...

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”...

USCIS RAIO Directorate Training Module: Persecution

USCIS Refugee, Asylum and International Operations Officer Training Module: Definition of Persecution and Eligibility Based on Past Persecution Obtained through FOIA by David Cleveland .