Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The American Immigration Council, along with the Center for Constitutional Rights and Latham and Watkins, LLP, filed a class action lawsuit challenging U.S. Customs and Border Protection’s (CBP) unlawful practice of turning away asylum seekers who present themselves at ports of entry along the U.S. border with Mexico. The individual plaintiffs endured arduous journeys to the U.S. border, and their experiences demonstrate that CBP uses a variety of tactics to deny bona fide asylum seekers the opportunity to pursue their claims.
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eleventh Circuit granted the petition for review, finding that because the petitioner had not been confined in a prison but rather had been detained in a rebel-controlled trailer in the jungle, he did not willfully make a material misrepresentation on his application to adjust his status to that of a lawful permanent resident when he answered “no” to Question 17 on his application, and thus he was not removable under INA §237(a)(2)(A)(ii).
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Clarifying Matter of C-J-H-, the BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. The BIA further held that the restrictions on removal in INA §208(c)(1)(A) do not apply to a noncitizen granted asylum whose status is adjusted to that of a noncitizen lawfully admitted for permanent residence pursuant to INA §209(b).
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Posted on May 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that the persecutor bar in INA §241(b)(3)(B)(i) applies to a noncitizen who assists or otherwise participates in the persecution of an individual because of that person’s race, religion, nationality, membership in a particular social group, or political opinion, without regard to the noncitizen’s personal motivation for assisting or participating in the persecution. The court found that the persecutor bar applied to the Salvadoran respondent because, regardless of his own motives, he assisted in the persecution of an individual because of the individual’s political opinion. Accordingly, the court concluded that the respondent failed to establish that he was eligible for special rule cancellation of removal under NACARA.
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Posted on April 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.
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Posted on April 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.
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Posted on March 20, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The en banc Ninth Circuit reversed the BIA’s denial of asylum to a homosexual citizen of Mexico, finding that the petitioner had shown that Mexican officials were unable or unwilling to protect him from harm by private individuals due to his sexual orientation, and thus that he had established past persecution. The court also concluded that the petitioner was entitled to a presumption of future persecution, and remanded for the BIA to consider whether that presumption was rebutted, and also to consider the petitioner’s claims for withholding of removal and CAT protection, taking into account new evidence of the petitioner’s HIV diagnosis.
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Posted on March 13, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit deferred to the BIA’s decision in Matter of F-P-R- to hold that the petitioner’s rebuffed effort to enter Canada from the United States after being illegally present in the United States following multiple deportations counted as his “last arrival” into the United States, thus giving him an additional one year from that date to file an asylum application. Accordingly, the court granted the petition for review in part and remanded in part for the BIA to determine whether the petitioner’s asylum application was timely.
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Posted on January 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit concluded that substantial evidence did not support a finding that the petitioner deliberately fabricated material elements of his asylum application, because the IJ “seemed to base his frivolousness finding on a lack of credible evidence rather than any evidence that [the petitioner] had made deliberate falsehoods.”
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Posted on December 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.
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