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Another Win at the Law Offices of Brian D. Lerner

Motion to Reopen granted. Client received asylum over 10 years ago, but left U.S. prior to adjusting status. Returned on Visitor Visa and removal proceedings were instituted. Client received deportation order in absentia. Afraid to go back to home country. MTR granted giving an opportunity to fight case and reinstate and/or reapply for Asylum.

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Another win for the Law Offices of Brian D. Lerner

In absentia MTR granted by IJ Fong.  NTA was sent to Client’s address listed on his I-589 more than 4 years after he applied for asylum but he was no longer living at that address.  Motion granted based on Client’s declaration, daughter’s declaration and utility bills showing a change of address.  According to IJ Order, the NTA and Notice of Hearing were also “returned to sender.”

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Asylum and how to apply for asylum

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AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes

AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes, arguing that the “social visibility” or “particularity” should not constitute part of the social group inquiry.

Asylum

Adjudication of asylum

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How to apply for political asylum

USCIS Asylum Division Training Program

USCIS Asylum Division Training Section of the USCIS website provides the training courses required for asylum officers both on a national level and at the field offices.

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https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

https://californiaimmigration.us/asylum/

CA6 Upholds Asylum Denial Due to Adverse Credibility Determination

The court found there was substantial evidence that the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in a number of its other findings regarding credibility.

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https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-asylum/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

https://californiaimmigration.us/how-to-apply-for-political-asylum/

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent requirements

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent with prior decisions and rejected it without a reason for adopting the requirements.

Asylum meaning

Apply for asylum

Appeal asylum

Asylum seekers

CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants

The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate.

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/

https://atomic-temporary-10880024.wpcomstaging.com/tag/adjudication-of-asylum/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

https://californiaimmigration.us/asylum/

CA2 Says Petitioner’s Undocumented Husband Was “Available” to Testify

The court held that Petitioner’s undocumented husband was “available” to testify despite his fear of apprehension, noting that he would have been eligible for derivative asylum status and had every incentive to testify on his wife’s behalf. (Chen v. Holder, 9/23/11)

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/

https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-asylum/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

https://californiaimmigration.us/asylum/

Getting Asylum

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