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Third Circuit Says BIA Misapplied Court’s Precedent When It Determined that Honduran Asylum Seeker Did Not Establish Persecution

The court held that the BIA and the immigration judge had misstated the court’s precedent in three ways in determining that the harm the Honduran petitioner had suffered did not rise to the level of past persecution, including by requiring the petitioner to show severe physical harm.

Court Rules that M‑E‑V‑G‑’s “Particular Social Group” Test Is Entitled to Chevron Deference

The Third Circuit denied the petition for review and accepted the immigration judge and BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable particular social group.

Court Finds SIJ Designees May Enforce Their Rights Under the Suspension Clause

The Third Circuit found that the jurisdiction-stripping provision of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to Special Immigrant Juvenile (SIJ) designees seeking judicial review of expedited removal.

K4 return to home is invalid

The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, the court found that the petitioner, a K-4 visa holder who was 19 years old when her mother married a U.S. citizen, was eligible to adjust her status to that of a lawful permanent resident.

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