LexisNexis® Legal Newsroom
Former Immigration Judge Jeffrey S. Chase Asks, 'Why?'

Jeffrey S. Chase, Jan. 26, 2018 - The Impact of the BIA's Decision in Matter of W-Y-C- & H-O-B- "In Matter of W-Y-C-& H-O-B -, 27 I&N Dec. 189 (BIA Jan. 19, 2018) , the Board of Immigration Appeals held that “an applicant seeking asylum...based on membership in a particular...

USCIS Modifies Asylum Interview Scheduling

USCIS, Jan. 31, 2018 - "U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. USCIS is responsible for overseeing...

The Proper Role of Immigration Judges as Asylum Adjudicators - Jeffrey S. Chase

Jeffrey S. Chase, Feb. 4, 2018 - "I would like to expand on the topic raised in my response to the BIA’s recent precedent decision in Matter of W-Y-C- & H-O-B- . In the U.S. system, what tensions exist between an immigration judge’s role as an independent judge within an adversarial...

Judge Blocks Deportation of Indonesians in New Hampsire (Devitri v. Cronin)

Kelly Knaub, Law360, Feb. 2, 2018 - "A Massachusetts federal judge Thursday blocked immigration officials from deporting a proposed class of 50 Indonesian Christians living in New Hampshire under a now-defunct humanitarian program, saying they’re entitled to stay in the U.S. while the government...

Judge Blocks Deportation of Indonesians in New Jersey (Pangemanan v. Tsoukaris)

Steph Solis, Asbury Park Press, Feb. 3, 2018 - "Indonesian asylum seekers, family members and supporters rejoiced Saturday morning at the Reformed Church of Highland Park as they absorbed the details of the federal ruling Friday night that halted deportations in their community. "Yes, it's...

Federal Court Orders Immigration Judges to Consider Asylum Seekers' Ability to Pay When Setting Bond: Abdi v. Nielsen

ACLU, Feb. 12, 2018 - "A federal judge on Friday evening ordered immigration judges to consider alternatives to money bond as well as a person’s ability to pay when setting release conditions for asylum-seekers detained at the Batavia Federal Detention Facility awaiting asylum hearings. The...

CA4 on Honduras, MS-13, Nexus - Salgado-Sosa v. Sessions

Salgado-Sosa v. Sessions, Feb. 13, 2018 - "Reynaldo Salgado-Sosa, a native and citizen of Honduras, seeks asylum, withholding of removal, and protection under the Convention Against Torture. If he is returned to Honduras, he fears, he will face persecution at the hands of the gang MS-13, which has...

Akin Gump Secures Asylum For US Military Interpreter - Law360

Nicole Narea, Law360, Feb. 20, 2018 - "Afghan native Abdul Samey Honaryar should not have spent a year detained in the custody of the same government he served as a war zone translator, his Akin Gump Strauss Hauer & Feld LLP attorneys told Law360. Abdul Samey Honaryar, second from left...

What Does Sessions' E-F-H-L- Order Mean?

Paul W. Schmidt, Mar. 6, 2018 - SESSIONS “GOES DEEP” TO UNDERMINE DUE PROCESS! — Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)! "Here is the AG decision: E-F-H-L-AG And here’s the original BIA precedent he vacated: E-F-H-L-2014 **********************...

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018)

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018) - The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes...

CA9 on REAL ID, Credibility: Dai v. Sessions

Dai v. Sessions, Mar. 8, 2018 - "Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The Board of Immigration Appeals (BIA) nevertheless found...

Due Process, Asylum Protections for Women Under Attack: Matter of A-B- Revealed

The underlying unpublished Dec. 8, 2016 BIA decision, Matter of A-B- , has been redacted and released by counsel, here . The March 7, 2018 A.G. self-referral is here . The Hon. Paul W. Schmidt comments here . Tal Kopan, CNN, reports here . The takeaway: "We're very concerned about...

Jeffrey S. Chase on Matter of E-F-H-L-

Jeffrey S. Chase, Mar. 10, 2018 - "On Monday, the Attorney General’s strange decision in Matter of E-F-H-L- had many of us talking well into the night. As background, the BIA published its precedent decision in Matter of E-F-H-L- in 2014. The case involved an immigration judge’s decision...

Sessions Likely to End Asylum Eligibility for Victims of Domestic Violence: How Courts Can Resist

Sophia Genovese, Mar. 20, 2018 - "Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been the victim of sexual or gender-based violence...

Jeffrey S. Chase - Amicus Brief Filed in C.J.L.G. v. Sessions

Jeffrey S. Chase, Mar. 21, 2018 - "On March 15, lawyers with the firm of Simpson, Thacher & Bartlett filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 11 former immigration judges and BIA Board members in the case of C.J.L.G. v. Sessions . The case involves...

Class Action Victory in Seattle! - Mendez Rojas v. Johnson (Asylum, One-Year Rule, Notice)

AIC, Mar. 29, 2018 - "On March 29, 2018, the District Court granted Plaintiffs’ motion for summary judgment . The court found that the failure to provide all class members with notice of the one-year asylum application period violates Congressional intent to ensure that asylum is available...

Asylum Victory in New Orleans; Honduras, Social Group, Mendes Rojas

Hats off to Prof. Hiroko Kusuda , Clinic Professor and Director of Immigration Law Section of Loyola University New Orleans College of Law, Stuart H. Smith Law Clinic and Center for Center for Social Justice, and Mary K. Richardson, Student Practitioner! Matter of X-, Apr. 3, 2018, New Orleans Immigration...

Practice Advisory - Overcoming the Asylum One-Year Filing Deadline for DACA Recipients

Victoria Nielson, Reena Arya, CLINIC, Apr. 13, 2018 - "With the uncertain future of DACA, it is important to fully screen all DACA recipients for other potential forms of relief, including asylum. Many DACA recipients may be eligible for asylum, but almost all DACA recipients will have to overcome...

BIA on Jurisdiction, Asylum, Reinstatement: Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)

Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018) - (1) The Department of Homeland Security has the authority to file a motion to reconsider in Immigration Court. (2) An applicant in withholding of removal only proceedings who is subject to a reinstated order of removal pursuant to section 241(a)(5) of...

HIRC Files Amicus Brief Challenging Sessions' Push to Restrict Gender Asylum

Harvard Immigration and Refugee Clinical Program, Apr. 27, 2018 - "Today the Harvard Immigration and Refugee Clinical Program (HIRC) joins the American Immigration Lawyers Association (AILA), Human Rights First (HRF) and Kids in Need of Defense (KIND) in filing a brief of amicus curie in the case...

CA5 on Honduras, Asylum, Persecution, Social Group - Cabrera v. Sessions (May 7, 2018)

Cabrera v. Sessions, May 7, 2018 - "In sum, we hold that the BIA erred in requiring Cabrera to prove past persecution to establish a claim based on a well-founded fear of future persecution; and, second, in recharacterizing Cabrera’s claimed social group. In all other respects, the decision...

Matter of A-B- Amicus Brief Exposes Sessions' Lawlessness

Jeffrey S. Chase, May 6, 2018 - "Briefs of the parties and amici have now been filed with the Attorney General in Matter of A-B- . Once again, a group of former immigration judges and BIA members, which this time numbered 16 (including myself) filed an amicus brief (which can be viewed here: http...

A Look Behind the Curtain at V. Stuart Couch, the Immigration Judge at the Heart of Matter of A-B-

Bryan Johnson, Apr. 20, 2018 - FOIA results: evidence of Immigration Judge V. Stuart Couch’s shocking prejudgment of all domestic violence asylum claims "At the bottom, readers will find the all of the decisions of Immigration Judge V. Stuart Couch that resulted in BIA remands for the Fiscal...

USCIS Releases Asylum Stats, Reports (May 2, 2018)

USCIS, May 2, 2018 - Affirmative Asylum Statistics January 2018 (PDF, 61 KB) Affirmative Asylum Statistics February 2018 (PDF, 59 KB) Affirmative Asylum Statistics March 2018 (PDF, 60 KB) Credible Fear and Reasonable Fear Statistics and Nationality Report (PDF, 158 KB) NACARA Cumulative Report January...

Expert: Anne Frank Analogy Appropriate to DOJ Prosecution Proposal

Stuart Anderson, May 9, 2018 - "Imagine your child faces death or enslavement at the hands of predators and all legal avenues of escape and refuge have been blocked. Would you attempt to enter another country unlawfully and seek asylum? Found hiding in an attic, Anne Frank died in the Holocaust...