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CA3 on Ineffective Assistance of Counsel in Filing Visa Petition

The court found that the Fifth Amendment right to due process does not guarantee effective assistance of counsel in preparing or appealing a labor certification application and visa petition before the start of removal proceedings.

https://travel.state.gov/content/travel/en/us-visas.html

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CA3 Remands Asylum Claim of Guatemalan Government Witness

Although the Guatemalan government was willing to protect Petitioner in exchange for her testimony in a murder trial, the fact that it relocated her to Mexico is an admission that it could not actually protect her.

CA3 Finds IJ Failed to Act as Neutral Arbiter; Reverses Adverse Credibility

The court found that Petitioner’s due process rights were violated when government counsel was unprepared at the merits hearing and the IJ took over cross-examination and ceased functioning as a neutral arbiter.

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.

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CA3 Rejects “Social Visibility” and “Particularity” Concepts in Asylum

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.