Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Denying the petition to review the BIA’s reversal of the immigration judge’s grant of withholding of removal, the Eighth Circuit upheld the BIA’s finding that “former taxi drivers from Quezaltepeque who have witnessed a gang murder” was not socially distinct and thus could not qualify as a “particular social group.”
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Posted on July 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit vacated the BIA’s order dismissing the petitioner’s appeal and remanded, finding that because the Ecuadorian asylum applicant was a minor at time of mistreatment, the immigration judge and BIA should have taken a child-specific analysis.
Filed under: best deportation attorney | Tagged: asylum, minor, Past Persecution | 1 Comment »
Posted on July 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
New case showing that helping under duress is a defense (1) An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature. (2) To meet the minimum threshold requirements of the duress defense to the persecutor bar, an applicant must establish by a preponderance of the evidence that (1) he acted under an imminent threat of death or serious bodily injury to himself or others; (2) he reasonably believed that the threatened harm would be carried out unless he acted or refrained from acting; (3) he had no reasonable opportunity to escape or otherwise frustrate the threat; (4) he did not place himself in a situation in which he knew or reasonably should have known that he would likely be forced to act or refrain from acting; and (5) he knew or reasonably should have known that the harm he inflicted was not greater than the threatened harm to himself or others.
Filed under: best deportation attorney | Tagged: asylum, duress, material support, persecution | Leave a comment »
Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a decision published recently, the BIA remanded the record to the immigration judge for entry of a new decision after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes aided them in continuing their mission of armed and violent opposition to the Salvadoran government.12:54 AM
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Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit granted the petitions for review after finding that immigration judges and the BIA erred by substantially relying on the fact that applicants for asylum and related relief testified during removal proceedings to certain details not included in their initial applications.12:37 AM
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Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group.
Filed under: best deportation attorney | Tagged: asylum, BIA, board of immigration appeal, firth circuit, Past Persecution, Social Group | Leave a comment »
Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal.1:22 AM
Filed under: best deportation attorney | Tagged: asylum, Deportation, deportation order, order of reinstatement, Reinstatement | Leave a comment »
Posted on May 16, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Posted on January 31, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: best deportation attorney | Tagged: asylum, CAT, NEXUS, withholding of removal | Leave a comment »
Posted on December 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: best deportation attorney | Tagged: asylum, CAT, Convention Against Torture, honor killing, Ruling on Bail and ICE | Leave a comment »
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