Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, persecution, Political Asylum, political opinion, Refugee and Asylee follow-to-Join cases, win law office brian d. lerner | Leave a comment »
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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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.
How to apply for political asylum
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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.
Don´t even think about filing a frivolous asylum application
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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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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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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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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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