Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc.
Question: What if my country has laws against domestic violence? Will I not be able to apply?
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Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
“My Husband beat me”. Now it is possible to apply for Asylum.
Question: My husband beat me and I was afraid for my life, so I escaped to the United States. Can I apply for something so I do not have to go back to my home country?
Answer: Yes, it may be possible to apply for gender based asylum. This is not your normal ‘political’ asylum, but rather, one based on ‘gender based immigration. This would be considered a social group.
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Posted on April 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.
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Posted on December 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.
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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.
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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.
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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.
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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).
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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.
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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.
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