Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
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Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the BIA, holding that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding under INA §208(b)(2)(A)(vi) and 8 CFR §208.15 that a North Korean has “firmly resettled” in South Korea.
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Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit dismissed the petition for review, holding that, pursuant to the jurisdiction-stripping provisions of INA §242(a)(2)(A), the court lacked jurisdiction to review the Immigration Judge’s affirmance of the asylum officer’s negative credible fear determination in the petitioner’s expedited removal proceedings. The court rejected the petitioner’s argument that the jurisdiction-stripping provisions unconstitutionally deprived the petitioner of any forum in which to bring a procedural due process challenge to his expedited removal proceedings, because there exist certain exceptions to the restriction on judicial review.
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Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence
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Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS released an updated Affirmative Asylum Scheduling Bulletin as of September 11, 2015. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum and provides the filing dates (month and year) of most asylum applications scheduled for local interviews during that particular month.
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Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that where an applicant filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, and, on or after that date, submitted a subsequent application that is properly viewed as a new application, the later filing date controls for purposes of determining the applicability of INA §208(b)(1)(B)(iii) to credibility determinations. The BIA further held that a subsequent asylum application is properly viewed as a new application if it presents a previously unraised basis for relief, or is predicated on a new or substantially different factual basis.
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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
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Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of A-R-C-G- is a great BIA case that shows that women who are victims of domestic violence outside the U.S. have a chance to escape their persecution by coming to the U.S. and applying for asylum based on persecution of a particular social group.
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Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Client’s asylum application was approved based on threats and violence in Rwanda based on his family’s ethnicity and political opinion.
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Posted on February 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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