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.
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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
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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 »
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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Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, fifth circuit, Illegal Reentry, Immigration, Immigration Attorney, Immigration Lawyer, Refugee and Asylee follow-to-Join cases, reinstated removal order, removal order | Leave a comment »
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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