Entering illegally and applying for Asylum
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Denial of Indonesian Asylum Claim
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11)
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Teleconference to discuss planned changes for refugee and asylee follow-to-join cases
Posted on January 26, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS International Operations Division invitation for a 2/8/11 teleconference to discuss planned changes to the processing procedures for refugee and asylee follow-to-join cases.
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Petitioners’ Motion to Remand denied
Posted on January 26, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
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Petitioners’ Motion to Remand denied
Posted on January 26, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
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Petitioner mental anguish and physical paralysis, constituted past persecution
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10
Past Persecution: You can still get asylum
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Court remanded the Asylum case of a Falun Gong Practitioner
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)
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Concern on Counsel’s part to meet multiple court deadlines
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)
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BIA interpretation in Asylum Cases
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the BIA interpretation of §1003.(d)(3) in In re A-S-B- cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)
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BIA on Exceptional Circumstances ruling
Posted on September 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Board of Immigration Appeals erred as a matter of law in ruling aliens seeking discretionary relief can never demonstrate “exceptional circumstances.” Deciding whether exceptional circumstances are present requires a consideration of all facts in a specific case, including but not limited to the probability of the petitioner obtaining relief. Where petitioner began asylum process in 1996 and diligently pursued his claim but missed a hearing because he was traveling and his attorney was not immediately able to contact him and obtain consent to the entry of a representative appearance, petitioner was entitled to recision of his in absentia deportation order due to these extraordinary circumstances. Vukmirovic v. Holder – filed September 8, 2010
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