Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Sixth Circuit found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner, who claimed that her Christian beliefs would subject her to persecution if she was removed to China, had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. The court also rejected her due process claims, noting that because none of the alleged violations affected the outcome of her asylum claim, she did not suffer any prejudice.
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https://californiaimmigration.us/circuit-court-of-appeal-reverses-bia-denial-of-asylum/
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Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit affirmed the grant of a preliminary injunction against the state of Indiana’s attempt to withhold funds from a private agency that assists in the resettlement of refugees, including Syrian refugees. The court rejected the governor of Indiana’s brief asserting that “the State’s compelling interest in protecting its residents from the well-documented threat of terrorists posing as refugees to gain entry into Western countries,” finding that there was no evidence to support that argument.
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Filed under: Immigration Attorney | Tagged: asylum, indiana, Refugees, resettlement, syrian refugees | Leave a comment »
Posted on September 20, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court remanded for the BIA to reconsider the petitioner’s applications for withholding of removal and protection under the Convention Against Torture (CAT) in light of intervening circuit precedent inHenriquez-Rivas v. Holder and Madrigal v. Holder.
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Filed under: Immigration Attorney | Tagged: asylum, BIA, CAT, Convention Against Torture, reinstated removal order | Leave a comment »
Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit granted the petition for review of the denial of the Ethiopian petitioner’s application for asylum and withholding of removal, finding that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian government’s detention and maltreatment of the petitioner was persecution on account of a protected ground.
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Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
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Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
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Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that, after a slow start, it appears increasingly likely that the Obama administration will hit its goal of admitting 10,000 Syrian refugees into the United States before the end of September 2016. DOS figures show that 2,340 Syrian refugees arrived last month in the United States, and total admissions for FY2016 come to about 7,900. If the pace from June and July continues this month, the 10,000 target should be reached prior to President Obama’s scheduled visit to the United Nations in late September to urge world leaders to admit more refugees and increase funding for relief organizations.
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Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Posted on April 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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).
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