The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate.
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Getting Asylum from the Philippines
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The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
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The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)
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The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.
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Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10
Past Persecution: You can still get asylum
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The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)
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The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)
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