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Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.

Young Immigrants Seeking Refuge from Abuse Face Denials

The Associated Press reports on the increase in denials of applications for special immigrant juvenile status following USCIS’s change to how it handles cases involving immigrant children who turned 18 before their paperwork had been completed. Lawsuits have been filed in New York and California to challenge the policy change and denials.

Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful

In a statement to the press about today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A‑B‑ 

Thus, the Courts show that you cannot just arbitrarily and without any reason of law strike down protections against asylum.

ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B- Asylum Policies

The district court issued an opinion finding that several of the credible fear policies articulated in Matter of A-B- and a subsequent Policy Memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. The court enjoined the government from continuing to apply the unlawful policies and from removing plaintiffs who are currently in the United States without first providing credible fear determinations consistent with the immigration laws. The court also ordered the government to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations. (Grace v. Whitaker, 12/19/18)

Another one of Trumps polices struck down in Court

Court Issues Preliminary Injunction Against Interim Final Rule on Asylum Claims Along the Southern Border

The district court, which had previously entered a temporary restraining order against the implementation of the November 9, 2018, interim final rule on asylum claims along the southern border, issued a preliminary injunction prohibiting the government from taking any action continuing to implement the rule.

Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy

DHS announced a new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge.

EOIR Releases Two Memos Related to Case Priorities and Performance Measures

EOIR supplemented its January 17, 2018, memo, Case Priorities and Immigration Court Performance Measures by announcing the tracking and expedition of “family unit” cases at ten immigration court locations. EOIR further supplemented the January memo by heightening the bar for overcoming a 180-day adjudication window, stating that for an immigration judge to grant a continuance resulting in an asylum case taking longer than 180 days to adjudicate, a respondent must satisfy the good-cause standard and show exceptional circumstances.

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