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Immigration

Apr 24, 2023

Immigration – Civil Practice – Mootness – Visa Reinstatement

During the course of this litigation, plaintiffs – whose nonimmigrant visas had been revoked by defendant – received new visas of the same type. Consequently, plaintiffs’ claims are moot. We […]

Apr 19, 2022

Immigration – Applicant fails to show likelihood of torture in El Salvador

Where the immigration judge or IJ, found that the threat of torture from MS-13, police and vigilante groups in El Salvador was less than 50%, both separately and in the […]

Mar 29, 2022

Immigration – Board erred by imposing ‘living parent’ requirement in statute

Where the attorney general has discretion to waive removal for an alien who is the son of a U.S. citizen, the board erred by concluding that a deceased parent is […]

Mar 16, 2022

Immigration – No en banc hearing on Board of Immigration case

Where a majority of the judges voted against rehearing en banc a case involving whether to grant Chevron deference to the Board of Immigration’s recent interpretation of § 1101(a)(43)(S), the […]

Mar 10, 2022

Immigration – BIA erred by not considering murder of asylum applicant’s brother

Where the Honduran native’s first application for asylum was denied as untimely, but he then filed a second application after his brother’s murder, the Board of Immigration Appeals or BIA, […]

Mar 10, 2022

Immigration – Asylum applicant fails to show attacks were based on targeted group

Where the record showed that the asylum applicant was not targeted because of her membership in a particular social group but because the assailant attacked anyone who aided his former […]

Feb 22, 2022

Immigration – BIA erred when it interpreted ‘unambiguous’ rule

Where a regulation requires the Department of Homeland Security or DHS, to notify an applicant of the need to provide biometrics, such as photographs and fingerprints; provide the applicant with […]

Feb 11, 2022

Immigration – Deferential standard of review rejected

In an issue of first impression, where the government argued that the immigration judge’s decision should be upheld so long as it was based on a “facially legitimate and bona […]

Jan 11, 2022

Immigration – ‘Prosecution witnesses’ is not a particular social group

Where a Honduran man argued that he should not be removed from the United States because his status as a “prosecution witness” would result in threats to his life or […]

Dec 14, 2021

Immigration – Applicant granted remand order not entitled to attorneys’ fees

Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the case if […]

Dec 7, 2021

Immigration – BIA’s interpretation of ambiguous phrase given deference

Where the term “relating to obstruction of justice” is ambiguous about whether an ongoing or a reasonably foreseeable proceeding must be obstructed, the court deferred to the reasonable interpretation of […]

Oct 27, 2021

Immigration – AG Sessions’ opinion on authority of immigration judges abrogated

Where former U.S. Attorney General Sessions opined that immigration judges and the Board of Immigration Appeals, or BIA, lack authority to administratively close cases, but his opinion was at odds […]


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