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Interesting Asylum Case from North Korea

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.

Refugee and asylum purposes

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.

North Korea

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Mexican who was tortured gets 2nd chance

The Seventh Circuit granted the petition for review and remanded to the Board of Immigration Appeal (BIA), finding that the Immigration Judge and the BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel because of an unpaid drug debt and had informed against the cartel to the FBI and the DEA, was not entitled to deferral of removal under the Convention Against Torture (CAT).

https://cbocalbos.wordpress.com/tag/asylum-application/

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https://californiaimmigration.us/convention-against-torture-granted/

Rich Mexican Citizen denied Withholding

The Sixth Circuit denied the petition for review of the application for withholding of removal, holding that the Mexican petitioner’s proposed social group—”persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States”—was not cognizable under the INA.

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https://cbocalbos.wordpress.com/tag/applications-for-withholding-of-removal/

https://californiaimmigration.us/getting-persecuted-get-a-deportation-lawyers-los-angeles/

Federal Judge Rejects request to bar Syrians

A federal judge in Texas on Wednesday rejected a request from Texas for a temporary restraining order (TRO) to bar nine Syrian refugees from being resettled in Houston. U.S. District Court Judge David Godbey ruled that Texas had “failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that these particular refugees are terrorists intent on causing harm.

Bureau of population refugees and migration

Federal judge

Federal judge ruling on DACA

The Attorney general disciplines 

Senate Judiciary Committee Adopts Amendment Prohibiting Religion-Based Entry Bans

The Senate Judiciary Committee approved by a vote of 16-4 a nonbinding amendment authored by Senator Patrick Leahy (D-VT) that prohibits the U.S. government from barring individuals from entering the country based on their religion. “It is the sense of the Senate that the United States must not bar individuals from entering into the United States based on their religion, as such action would be contrary to the fundamental principles on which this Nation was founded,” the amendment states.

House judiciary subcommittee

Sentate Judiciary 

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US Immigration reform coming

Syrian Refugees

An article in the Washington Post reports that leaders of major American religious groups have condemned proposed bans on Syrian refugees, contending that a legitimate debate over security has been overtaken by irrational fear and prejudice. The article states that top organizations representing evangelicals, Roman Catholics, Jews, and liberal Protestants are in agreement that security concerns do not warrant blocking those fleeing violence in the Middle East.

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https://cbocalbos.wordpress.com/tag/bureau-of-population-refugees-and-migration/

https://cbocalbos.wordpress.com/tag/syrian-refugees/

https://californiaimmigration.us/information-regarding-asylum-refugee-and-relative-petitions-to-the-us-to-be-offered-by-the-government/

Asylum decision against HIV applicant

Where a citizen of Mexico had sought relief based on his fear that he would be persecuted on the basis of his sexual orientation, the Ninth Circuit found that substantial evidence supported the BIA’s denial of the petitioner’s claims for asylum, withholding of removal, and CAT relief. The court also concluded that the BIA did not abuse its discretion in denying the petitioner’s motion to remand based on his recent HIV diagnosis.

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https://californiaimmigration.us/asylum/

OBAMA will VETO denial of Refugees

An article in Marketplace reports that the White House is warning Congress that President Obama would veto a bill that calls for additional background checks on Syrian refugees. The administration noted that there are already stringent background checks for refugees, and that more would only cause unnecessary delays.

7th Circuit Rules in favor of asylum applicant for forced sterilization

The Seventh Circuit granted the petition for review, holding that the Immigration Judge (IJ) misunderstood the petitioner’s testimony about the nature of the procedure his wife ultimately received; namely, the implantation into her arm of a contraceptive device. Further, the court found that the IJ erred by concluding, alternatively, that the petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization.