Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
Asylum
Apply for asylum
Asylum attorney
How to apply for asylum?
Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, california asylum attorney, chinese asylum, christan church | Leave a comment »
Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the BIA, holding that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding under INA §208(b)(2)(A)(vi) and 8 CFR §208.15 that a North Korean has “firmly resettled” in South Korea.
North Korea
Asylum
Asylum attorney
Apply for asylum
Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, california asylum attorney, firmly resettled, north korea | Leave a comment »
Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the BIA, holding that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding under INA §208(b)(2)(A)(vi) and 8 CFR §208.15 that a North Korean has “firmly resettled” in South Korea.
Filed under: asylum, Immigration Attorney | Tagged: asylum, firmly resettled, north korea | Leave a comment »
Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review and remanded to the Board of Immigration Appeal (BIA), finding that the Immigration Judge and the BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel because of an unpaid drug debt and had informed against the cartel to the FBI and the DEA, was not entitled to deferral of removal under the Convention Against Torture (CAT).
https://cbocalbos.wordpress.com/tag/asylum-application/
https://cbocalbos.wordpress.com/tag/cat/
https://cbocalbos.wordpress.com/tag/birth-certificate/
https://californiaimmigration.us/convention-against-torture-granted/
Filed under: asylum, Immigration Attorney | Tagged: asylum, cats, Convention Against Torture, withholding of removal | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where a citizen of Mexico had sought relief based on his fear that he would be persecuted on the basis of his sexual orientation, the Ninth Circuit found that substantial evidence supported the BIA’s denial of the petitioner’s claims for asylum, withholding of removal, and CAT relief. The court also concluded that the BIA did not abuse its discretion in denying the petitioner’s motion to remand based on his recent HIV diagnosis.
https://cbocalbos.wordpress.com/tag/asylum/
https://cbocalbos.wordpress.com/tag/adjudication-of-asylum/
https://cbocalbos.wordpress.com/tag/asylum-applicants/
https://californiaimmigration.us/asylum/
Filed under: asylum | Tagged: asylum, hiv, hiv positive, persecution | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in Marketplace reports that the White House is warning Congress that President Obama would veto a bill that calls for additional background checks on Syrian refugees. The administration noted that there are already stringent background checks for refugees, and that more would only cause unnecessary delays.
Filed under: asylum, Immigration Attorney | Tagged: asylum, denial of admission, refugee, syrian refugee | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review, holding that the Immigration Judge (IJ) misunderstood the petitioner’s testimony about the nature of the procedure his wife ultimately received; namely, the implantation into her arm of a contraceptive device. Further, the court found that the IJ erred by concluding, alternatively, that the petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization.
Filed under: asylum | Tagged: asylum, fgm, forced sterilization, Petition for Review, seventh circuit | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The government to comply with U.S. District Judge Dolly Gee’s July 24, 2015, ruling concerning the inhumane detention of mothers and children fleeing violence and persecution. In a press release, the CARA Family Detention Pro Bono Projectnoted the government’s noncompliance with the ruling, and called on the government to “immediately cease [the] abhorrent practice” of family detention. The CARA Project also provided a fact sheet on the Flores litigation, covering key points from Judge Gee’s ruling, and discussing what is likely to happen next in the case.
Filed under: asylum | Tagged: asylum, cara project, Detention, fleeing children, immigration detention | 1 Comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit dismissed the petition for review, holding that, pursuant to the jurisdiction-stripping provisions of INA §242(a)(2)(A), the court lacked jurisdiction to review the Immigration Judge’s affirmance of the asylum officer’s negative credible fear determination in the petitioner’s expedited removal proceedings. The court rejected the petitioner’s argument that the jurisdiction-stripping provisions unconstitutionally deprived the petitioner of any forum in which to bring a procedural due process challenge to his expedited removal proceedings, because there exist certain exceptions to the restriction on judicial review.
https://cbocalbos.wordpress.com/tag/asylum-2/
https://cbocalbos.wordpress.com/tag/appeal-asylum/
https://cbocalbos.wordpress.com/tag/asylum/
https://californiaimmigration.us/asylum/
Filed under: asylum | Tagged: asylum, Asylum Application, asylum attorney, credible fear, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence
Asylum agreements
Asylum application
Asylum attorney
Get a California deportation attorney to help you file asylum
Filed under: asylum | Tagged: Adverse Credibility, asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 