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Court Upholds Denial of Asylum to Petitioner Who Supported Gay Rights in Cameroon

The Eleventh Circuit denied the petition for review, holding that substantial evidence supported the BIA’s findings that the petitioner, who sought asylum based on claimed persecution due to his support of gay rights in Cameroon, did not experience past persecution and did not have a well-founded fear of future persecution.

Court Denies Petition for Review of Eligibility of Follower of Santa Muerte for Withholding and CAT Protection

In Garcia-Moctezuma v. Sessions, the Eighth Circuit denied the petition for review of the denial of withholding of removal and protection under the Convention Against Torture, holding that substantial evidence supported the finding that the petitioner, a follower of the deity Santa Muerte, failed to establish either a sufficient nexus between his faith and his mistreatment in Mexico or a likelihood of torture if removed to Mexico.

Court Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan

The Sixth Circuit granted the petition for review of the BIA’s denial of relief under the Convention Against Torture (CAT), holding that given the likelihood that the petitioner would be subject to involuntary imprisonment at the hands of the Jordanian authorities, resulting in mental pain and suffering, the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan.

Trump’s Refugee Ban Ends as White House Preps New Screening Rules

PBS reports that President Trump’s March 6, 2017, Executive Order, which included a four-month worldwide ban on refugees entering the United States, expired today. Refugees seeking entry to the United States will now face what officials have described as a more stringent and thorough examination of their backgrounds, in line with the Trump “extreme vetting” policy for immigrants. AILA has also provided updated Talking Points on President Trump’s September 24, 2017, proclamationrestricting travel to the United States by foreign nationals from certain countries, including information on litigation blocking certain aspects of the proclamation

Question: I have won asylum as of about two years ago. Is there anything I need to do?

Answer: If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with a refugee travel document in place of a passport).

Additional rights will become yours with time, such as that to apply for a U.S. green card after one year, and to apply for U.S. citizenship four years after that. Learn more about how to protect and make the best use of your refugee or asylum status here. However, you MUST apply for the Green Card after the one year grant. It is not automatic and will not happen unless you apply.

Question: Can I bring my spouse and children into the U.S. now?

Answer: Once you have been granted asylum, your immediate family members (spouse and children)—whether they are in the U.S. or outside—are entitled to a “derivative” grant of asylum. If your spouse and children were included in your asylum application and are physically present in the U.S., they will automatically receive asylum at the same time as you.
If they are overseas, or were not included in your application, you can file USCIS Form I-730, Refugee/Asylee Relative Petition to obtain asylum for them. Use a separate form for each family member.

For your spouse to be eligible for asylum, the two of you must have been legally married (that is, with a government-issued certificate) before you were granted asylum. For your children to be eligible, they must be unmarried and younger than 21. Thereafter, once you qualify for the Green Card or residency, they will as well.

Court Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions

The Tenth Circuit granted the petition for review and remanded, holding that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C). The court found that the BIA abused its discretion by denying on factually erroneous, legally frivolous, and logically unsound grounds the petitioner’s motion to reopen based on the significantly increased persecution of Christians in China in 2014 and 2015.

Court reverses Asylum Denial

Court Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The Fourth Circuit granted the petition for review and remanded, holding that, in affirming the IJ’s clearly erroneous factual finding that ignored critical evidence in the record, the BIA abused its discretion. The court found that the Salvadoran petitioner’s familial relationship to her father was “at least one central reason” that the MS-13 gang targeted and threatened the petitioner.

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