LexisNexis® Legal Newsroom
CA9 on Material Support Bar: Annachamy v. Holder

"Satheeskumar Annachamy petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him asylum and withholding of removal because he provided material support to a terrorist organization, in violation of 8 U.S.C. § 1182(a)(3)(B)(iv)(VI). Annachamy argues that the BIA...

Pro Se Withholding Victory: El Salvador, Tattooed Youth (UPDATED)

[UPDATED: A reader noticed that the link to the decision was broken. Fixed now. Please bring any broken links to my attention! Dan Kowalski, dkowalski - at - david-ware. dot com.] Matthew J. Lamberti, Staff Attorney at PIRC , writes: "I wanted to share a recent decision by Immigration Judge Morley...

CA9 on Withholding, Philippines, Sexual Orientation, Clear Error: Vitug v. Holder

"Dennis Vitug, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order vacating an immigration judge’s (“IJ”) grant of withholding of removal and protection under the Convention Against Torture (“CAT”...

Asylum, Withholding Victory (Mexico, Cartel Violence) in Boise, Idaho

In Matter of X-, July 17, 2013 IJ Bennett ruled : "Respondent's application for asylum is granted because he has established a well-founded fear of future persecution based on his membership in the particular social group of relatives of law enforcement officials who have been targeted for harm...

Penn State Law Clinic Creates Toolkit for Withholding-Only Proceedings

"Clinic students and the Pennsylvania Immigrant Resource Center (PIRC) teamed up to make a practice guide for attorneys representing noncitizens in withholding-only proceedings. Available online , the toolkit features: • A summary of remedies available in withholding only proceedings...

Kinship as Particular Social Group: Guatemalan CAT/Withholding Victory at Berks Immigration Court

"The pernicious problem of gender-based violence in Guatemala is a complex phenomenon. But at its core lies the inescapable fact that women in Guatemala are generally viewed as subservient to men and according to the police, unworthy of its protections. Women within the domestic environment suffer...

CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)

Geoffrey A. Hoffman , Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding case back to the BIA on joint motion. From the...

Posner Dings the BIA Again: CA7 on Withholding, Nicaragua - Gutierrez-Rostran v. Lynch

Gutierrez-Rostran v. Lynch, Jan. 13, 2016 - "The treatment by the immigration court and the Board of the cousin’s murder was too cursory to justify denial of Gutierrez-Rostran’s application for withholding of removal. ... Neither the immigration judge nor the (as usual) single-member...

CA7 (Posner) on CAT, Honduras, HIV Status: Velasquez-Banegas v. Lynch

Velasquez-Banegas v. Lynch - "Suppose a person if removed to his country of origin would be sure to be persecuted unless, by living in a cave, he avoided all contact with other persons. The next step would be to rule that no one can have a real fear of persecution because if persecution looms he...

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution because she had been targeted for extortion,...

Unpub. BIA CAT/Withholding Remand Victory; Mexico, Transgender (July 6, 2017)

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "Our Cornell asylum/ CAT appeals clinic just won a BIA remand in a case involving a transgender person from Mexico. A summary of the case and a redacted version of the BIA’s July 6 decision are [ here...

CA3 on Honduras, Withholding: Mendoza-Ordonez v. Atty. Gen.

Mendoza-Ordonez v. Atty. Gen. - "[W]e are convinced that evidence of the politically motivated death threats, the inaction on Mendoza’s complaints, a perpetrator and judge who shared a political affiliation in opposition to that of Mendoza, and evidence of a politically corrupt justice system...

Unpub. BIA Withholding Victory (Jan. 26, 2018)

Prof. Linus Chan writes: "The case involved a person who was granted withholding a number of years back and who left to go to Canada in order to see if he can get asylum and sponsor his family to join him. When his Canadian efforts were unsuccessful he came back to the US, was caught and put into...