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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https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/
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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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Getting Asylum from the Philippines
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BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010).
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The basics of applying for Asylum – Avvo.com http://ping.fm/GNDE3
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 