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

Posted on November 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

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

Posted on September 28, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

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

Posted on September 28, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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)

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Getting Asylum

Posted on February 28, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Getting Asylum from the Philippines

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Posted on February 21, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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

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