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Asylee/Refugee Flow Chart

One law, four paths. From the Human Rights First website.

Fourth Circuit on evidence: Tassi v. Holder

"[O]ur analysis of Tassi’s petition for review exposes several categories of error. For example, the IJ contravened the principle that corroborative evidence supporting an asylum application cannot be rejected solely because it does not strictly comport with the rules of evidence or because...

U.C. Hastings Refugee and Human Rights Clinic Teaching Fellowship

The Refugee and Human Rights Clinic (RHRC), in collaboration with the Center for Gender & Refugee Studies (CGRS), at U.C. Hastings is seeking applications for a two-year teaching fellowship (July 2012-June 2014). The fellowship provides the opportunity to learn how to teach law in a clinical...

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012)

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012) - (1) An alien who is a refugee under section 207 of the Immigration and Nationality Act, 8U.S.C. § 1157 (2006), and has not adjusted status to that of a lawful permanent resident may be placed in removal proceedings without a prior determination...

USCIS Refugee and Asylum Engagement at TSC on Sept. 13, 2012

"U.S. Citizenship and Immigration Services sent this bulletin at 08/30/2012 05:31 PM EDT Dear Stakeholder, The U.S. Citizenship and Immigration Services (USCIS) Texas Service Center (TSC) invites any interested individuals to participate in a daylong engagement on asylum and refugee issues...

Matter of B-R-, Int. Dec. No. 3780, 26 I&N Dec. 119 (BIA 2013)

Matter of B-R-, Int. Dec. No. 3780, 26 I&N Dec. 119 (BIA 2013) - An alien who is a citizen or national of more than one country but has no fear of persecution in one of those countries does not qualify as a “refugee” under section 101(a)(42) of the Immigration and Nationality Act, 8 U...

Juárez Man Granted Asylum; Family Killed by Cartels

"A U.S. immigration court in a rare action granted asylum to a citizen of Mexico who fled Juárez after 11 of his relatives were killed by suspected drug cartel-sponsored extortionists, El Paso lawyer Carlos Spector said Monday. The court found that asylum petitioner Christian Chaidez, 30...

Gang and Cartel Violence: A Reason To Grant Political Asylum from Mexico and Central America

"People fleeing gang violence in Mexico and Central America have been, for the most part, denied asylum in the U.S. Nonetheless, modern interpretations of refugee and international law suggest that there is more merit to these claims for asylum than is currently accepted. U.S. courts have focused...

CA5 on AOS, 209(b): Siwe v. Holder

"We therefore grant Siwe’s petition on this issue and hold that an alien, like Siwe, whose asylum has been terminated, is not prohibited from applying for adjustment of status under Section 209(b). ... We therefore grant Siwe’s petition for review as to this issue and vacate the BIA’s...

USCIS Message: Updates to Processing of Form I-730, Refugee/Asylee Relative Petition

E-Mail to Stakeholders: " Dear Stakeholder, To enhance customer service and bolster program integrity, U.S. Citizenship and Immigration Services (USCIS) is improving the way it processes Form I-730< http://www.uscis.gov/i-730 >, Refugee/Asylee Relative Petition. In a phased approach, USCIS...

Unpub. BIA Refugee Waiver Victory: Bosnia

"As noted by the Immigration Judge the respondent's omissions are particularly concerning where, as here, the respondent failed to disclose his VRS service, as the organization, and specifically the Zvornik Infantry Brigade's 4th Infantry Battalion where the respondent served, was responsible...

Toolkit: Detained or Deported - What About My Children?

"Apprehended parents are not guaranteed a phone call to make care arrangements for their children. Children can end up in the child welfare system if both parents are apprehended, if the migrant is a single parent, or if another parent or caretaker doesn't know how to find them. Those children...

DOS/DHS: In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States

"U.S. DEPARTMENT OF STATE and U.S. DEPARTMENT OF HOMELAND SECURITY The United States is establishing an in-country refugee/parole program in El Salvador, Guatemala, and Honduras to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking...

In-Country Refugee / Parole Processing for CAM (Central American Minors); ORR Benefits, Services

In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM) "The Department of State is pleased to announce a new in-country refugee and parole program for certain qualified minors in El Salvador, Guatemala and Honduras. The program...

Unpub. BIA Bond Victory for Salvadoran Refugee Family at Karnes; Matter of D-J- Distinguished

"The Department of Homeland Security appeals from the Immigration Judge's orders, dated October 2 and 3, 2014, granting the respondents' requests for a change in custody status. The Immigration Judge issued a bond memorandum on November 5,2014, setting forth the reasons for his decision...

News Excerpts From the March 1, 2015, Bender’s Immigration Bulletin

Preliminary Injunction Issued in Texas v. United States | Late on February 16, a United States District Court judge for the Southern District of Texas (Brownsville) issued a preliminary injunction temporarily blocking the President’s November 2014 executive action on immigration. Judge Andrew...

Refugee Kids Face Uneven Justice

"After fleeing Central America, child migrants now face a very uneven brand of justice in U.S. immigration courts, where access to a lawyer and the location of the court itself are often the deciding variables in who stays and who doesn’t. A POLITICO analysis of government data shows that...

Refugee Status is a 'Special' Special Circumstance re Withdrawal of Guilty Plea: Commonwealth v. Lavrinenko

"The issue on appeal is whether a noncitizen defendant, admitted into the United States as a refugee, is entitled to withdraw his guilty plea to a complaint charging assault by means of a dangerous weapon, where his attorney did not make a reasonable inquiry regarding the defendant's citizenship...

Refugee Kids Find Mixed Results in Texas

Dianne Solís, Dallas Morning News, Jan. 4, 2015 - "The handwritten paper sign inside the temporary shelter elevated the hope of the freshly arrived migrant boys: “United we are invincible.” ​But by the end of the day, other Central Americans who arrived more than a year ago weren’t...

Domestic, Sexual Violence Fuel Exodus from Central America

Pamela Constable, Washington Post, Jan. 31, 2016 - "One woman described being raped, strangled and bashed against a wall by the father of her twin boys. Two teenagers said they were forced to become sex slaves for gang members. A young mother was severely beaten by her ex-boyfriend and obtained...

What's the Difference Between a Refugee and a Deportee? A Lawyer

Julianne Hing, Feb. 13, 2016 - "Two years after tens of thousands of children and families began fleeing rampant violence in Central America for the United States, a year and a half after the ensuing media panic over their arrival triggered a militarized response from Texas, and a month after the...