The BIA found the respondent eligible for asylum, noting the compelling reasons respondent is unwilling to return to Senegal based on past female genital mutilation (FGM) irrespective of whether she has a well-founded fear of future persecution.
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BIA Finds IJ Confused Refugee and Asylum Rules in Derivative Claim http://ow.ly/s1Gut
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The BIA Overturned! The evidence was not properly considered http://ow.ly/rPiEQ
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The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard.
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Video: Why the BIA’s 212(c) ruling did not stand up to muster at the U.S. Supreme Court – Avvo.com http://ping.fm/WTdGE
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The Supreme Court strikes down the BIA 212(c) ruling of ‘comparable ground of excludability’ – Avvo.com http://ping.fm/UYQKN
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Video: What is the legal basis the Supreme Court used to rule why the BIA’s 212(c) ruling was arbitrary – Avvo.com http://ping.fm/a43lH
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Video: The new Supreme Court case rules that the BIA rule under 212(c) is arbitrary and capricious – Avvo.com http://ping.fm/Z5966
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The Board found that any period of continuous residence or continuous physical presence ends upon service of an NTA on the alien, even if the NTA does not include the date and time of the initial hearing.
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The Board found the respondent was admitted to the U.S. when he adjusted status under the Cuban Adjustment Act, and was thus subject to removal under INA § 237(a) following a drug trafficking conviction.
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