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Another win for the Law Offices of Brian D. Lerner

In absentia MTR granted by IJ Fong.  NTA was sent to Client’s address listed on his I-589 more than 4 years after he applied for asylum but he was no longer living at that address.  Motion granted based on Client’s declaration, daughter’s declaration and utility bills showing a change of address.  According to IJ Order, the NTA and Notice of Hearing were also “returned to sender.”

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AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes

AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes, arguing that the “social visibility” or “particularity” should not constitute part of the social group inquiry.

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CA7 on Particular Social Group in Albanian Asylum Case

The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group.

https://www.americanimmigrationcouncil.org/research/asylum-united-states

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-ban/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-agreements/

https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-asylum/

CA10 Finds No Past Persecution in Chinese Asylum Case

The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief.

https://www.uscis.gov/citizenship

https://atomic-temporary-10880024.wpcomstaging.com/tag/certificate-of-citizenship/

https://atomic-temporary-10880024.wpcomstaging.com/tag/acquisition-of-u-s-citizenship/

https://atomic-temporary-10880024.wpcomstaging.com/tag/derivative-citizenship-under-former-ina-%c2%a7321a/

CA1 Denies El Salvadoran Asylum Claim

The court found the petitioner, who argued he was persecuted by the FMLN guerillas in El Salvador, did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered.

https://www.cbp.gov/

https://atomic-temporary-10880024.wpcomstaging.com/tag/u-s-customs-and-border-protection-cbp/

https://atomic-temporary-10880024.wpcomstaging.com/tag/customs-and-border-protection-cbp/

https://atomic-temporary-10880024.wpcomstaging.com/tag/customs-border-protection-cbp/

USCIS Asylum Division Training Program

USCIS Asylum Division Training Section of the USCIS website provides the training courses required for asylum officers both on a national level and at the field offices.

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/

https://atomic-temporary-10880024.wpcomstaging.com/tag/adjudication-of-asylum/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

https://californiaimmigration.us/asylum/

USCIS Responds to Ombudsman Asylum EAD Clock Recommendations

A 1/4/12 memorandum from Lori Scialabba, USCIS Deputy Director, responding to the USCIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/obtaining-asylum-in-the-united-states

https://atomic-temporary-10880024.wpcomstaging.com/tag/adjudication-of-asylum/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2-0/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

CA5 Finds No Jurisdiction to Review Termination of Asylum

The court found that termination of asylum under 8 CFR §208.24 does not “mark the consummation of a decision-making process” and is therefore, not a final agency action for purposes of APA jurisdiction.

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent requirements

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent with prior decisions and rejected it without a reason for adopting the requirements.

Asylum meaning

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