Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS released an updated Affirmative Asylum Scheduling Bulletin as of September 11, 2015. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum and provides the filing dates (month and year) of most asylum applications scheduled for local interviews during that particular month.
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Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
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Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that where an applicant filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, and, on or after that date, submitted a subsequent application that is properly viewed as a new application, the later filing date controls for purposes of determining the applicability of INA §208(b)(1)(B)(iii) to credibility determinations. The BIA further held that a subsequent asylum application is properly viewed as a new application if it presents a previously unraised basis for relief, or is predicated on a new or substantially different factual basis.
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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
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Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the BIA sustained in part the respondent’s appeal, holding that if an asylum applicant has mental competency issues that affect the reliability of his testimony, then the Immigration Judge should, as a safeguard, generally accept the applicant’s fear of harm as subjectively genuine based on the applicant’s perception of events.aslu
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Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of A-R-C-G- is a great BIA case that shows that women who are victims of domestic violence outside the U.S. have a chance to escape their persecution by coming to the U.S. and applying for asylum based on persecution of a particular social group.
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Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Client’s asylum application was approved based on threats and violence in Rwanda based on his family’s ethnicity and political opinion.
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Posted on December 19, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The IJ granted withholding to a single Guatemalan woman and asylum to her two children, after giving de minimus weight to the record of sworn statement completed by CBP, which stated that the respondent was coming to the United States to work and had no fear of return. The court noted the long-standing phenomena repeated by a substantial percentage of asylum applicants who claim that they informed CBP of their fear of returning, but were told they did not have valid claims. Courtesy of Jacquelyn Kline.
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Posted on February 28, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Court has held that the statute is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under INA §209(b), and vacated the BIA’s decision ordering removal.
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Posted on February 11, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Medical condition can be basis for asylum. The Fourth Circuit vacated and remanded, finding that the petitioner, who suffered severe harm in hospitals and prisons in Tanzania, qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior.
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