Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
1) A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6)(2006), can be made in the absence of a final decision on the merits of the asylum application. (2) Withdrawal of an alien âs asylum application after the required warnings and safeguards have been provided does not preclude a finding that the application is frivolous.
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Posted on August 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Denial of application for asylum was not error because substantial evidence supported conclusion by immigration judge and Board of Immigration Appeals that harassment of South Vietnamese refugees in Italy by unknown assailants–which petitioners attributed to communists–was not committed either by the Italian government or by forces that government was unable or unwilling to control.
Truong v. Holder
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Posted on July 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NINTH U.S. CIRCUIT COURT OF APPEALS
-Immigration Law-
Where petitioner’s testimony that he was persecuted in Ghana on account of his attempts to convert Muslims to the Baptist faith was deemed credible, Board of Immigration Appeals erred in concluding that he failed to show authorities were unable or unwilling to control his attackers. Remand was required as to petitioner’s asylum claim where he demonstrated past persecution, and it was unclear whether the BIA placed the requisite burden of proof on the government to show that petitioner could, if returned to Ghana, safely relocate within the country and that it would be reasonable for him to do so.
Afriyie v. Holder – filed July 26, 2010
Cite as 08-72626
Full text http://ping.fm/dgkDc
-Immigration Law-
Where petitioner testified that he was persecuted first in Iran by the government on account of his political activity and later in the Netherlands by Muslim extremists on account of his conversion to Christianity, substantial evidence supported immigration judge’s denial of asylum from and withholding of removal to the Netherlands, even though judge deemed petitioner’s testimony credible, because petitioner who failed to show that Dutch authorities were unable or unwilling to control his attackers did not show that he suffered past persecution in the Netherlands and that his fear of future persecution was objectively reasonable.
Rahimzadeh v. Holder.
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Posted on July 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A new case on Asylum: Where petitioner’s testimony that he was persecuted in Ghana on account of his attempts to convert Muslims to the Baptist faith was deemed credible, Board of Immigration Appeals erred in concluding that he failed to show authorities were unable or unwilling to control his attackers. Remand was required as to petitioner’s asylum claim where he demonstrated past persecution, and it was unclear whether the BIA placed the requisite burden of proof on the government to show that petitioner could, if returned to Ghana, safely relocate within the country and that it would be reasonable for him to do so.
Afriyie v. Holder
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Posted on July 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Alien’s inability to speak English, detention for two months in an immigration detention center, and transfer of his case after he moved from Arizona to California failed to explain how alien was prevented from filing an asylum application within one year of his arrival and did not constitute “extraordinary circumstances,” individually or collectively, justifying alien’s untimely filing.
Toj-Culpatan v. Holder – filed December 1, 2009,.
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Posted on July 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on June 29, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth overrules in favor of asylee. Court of appeals had jurisdiction to review determination that petitioner did not timely file his asylum application where the underlying fact that petitioner arrived in the United States less than one year before filing his asylum application was undisputed. Petitioner’s testimony that that he hid in China until less than one year before he applied for asylum was clear and convincing evidence that he did so, and immigration judge erred in concluding that proof of an exact arrival date was necessary. Immigration judge did not err in denying request for withholding of removal on the basis that petitioner had not established a likelihood that he would be subject to persecution where Chinese authorities searched for petitioner only on account of his assistance to a Falun Gong practitioner, not his political opinion or religion. Petitioner did not qualify for protection under the Convention Against Torture where the actions of Chinese authorities suggested, at most, that he might be subject to interrogation or punishment for his assistance to the escapee. Lin v. Holder
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Posted on May 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
(1) In making a frivolousness determination, an Immigration Judge may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the Immigration Judge makes explicit findings that the incredible aspects of the asylum application were material and were deliberately fabricated. Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), clarified.
(2) In considering an asylum applicant’s explanations for inconsistencies or discrepancies, an Immigration Judge making a frivolousness determination must separately address the
applicant’s explanations in the context of how they may have a bearing on the materiality and deliberateness requirements unique to that determination.
(3) When the required frivolousness warnings have been given to an asylum applicant prior to the merits hearing, the Immigration Judge is not required to afford additional warnings or to seek further explanation in regard to inconsistencies that have become obvious
during the course of the hearing.
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Posted on May 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judge had discretion to require corroborating evidence from an otherwise credible witness in an asylum hearing. Judge did not err in barring asylum application as untimely in the absence of corroboration of petitioner’s date of entry or an explanation for the deficiency.
Singh v. Holder
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