Free Newsletter
Immigration – Ex-gang members not a ‘socially distinct’ group
Where a citizen of El Salvador argued that former members of MS-13 were socially distinct from former members of the gang who leave for moral reasons, the administrative record did not support this argument. Background German Alexander Nolasco, a native and citizen of El Salvador, petitions for review of a final order of the Board […]
Immigration – BIA’s ‘excessively narrow’ nexus analysis improper
Where the immigration judge focused on why a Honduran gang targeted the petitioner’s family, rather than petitioner herself, that was wrong. Because the record showed that the gang leveraged her familial relationship to her husband, as well as their familial relationships to their daughter, the nexus determination was reversed. Background Sonia Araceli Perez Vasquez and […]
Immigration – BIA must consider petitioner’s age at time of alleged persecution
Where the resident of El Salvador was only 15 when members of the MS-13 gang beat him and made death threats, the immigration court erred by not taking his age into account when analyzing his past persecution and fear of future persecution for purposes of asylum. Background When he was 15 years old, Hernan Portillo-Flores, […]
Immigration – Immigration judges have a legal duty to develop the record
In a case of first impression, the court joined other circuits in holding that immigration judges have a duty to develop the record in immigration court proceedings, especially in pro se cases. Here, a Salvadoran man’s petition for review of removal was granted based on the immigration judge’s failure to adequately probe, explain or satisfy […]
Immigration – Immigration judges may grant waivers of inadmissibility
Where a man challenged an immigration judge’s denial of a waiver of inadmissibility so he could apply for a U visa, federal regulations allow immigration judges, or IJs, to “take any action consistent with their authorities … that is appropriate and necessary for the disposition of such cases” and to take actions “consistent with applicable […]
Immigration – Removal not prevented by pardon of underlying conviction
Where a native of Ghana was pardoned for aggravated felony, drug and firearm offenses, the pardon waiver of removability is limited to the grounds listed in the statute, which does not extend to controlled substance and firearm convictions. The order for his removal was proper. Background Soloman Tetteh, a native and citizen of Ghana, was […]
Immigration – BIA conflated particularity and social distinction requirements
Where the Board of Immigration Appeals impermissibly conflated the particularity requirement with the social distinction requirement in the case of an El Salvadoran man seeking to avoid deportation on account of membership in the “former Salvadoran MS-13 members,” its determination that the particular social group was “too diffuse” to satisfy the particularity requirement was vacated. [&he[...]
Immigration – Asylum seekers need corroborating evidence
Where an immigration judge discounted an affidavit from a woman seeking asylum based on death threats against her and her husband in Honduras because her husband did not testify in person, that was error as an applicant needs only to submit corroborating evidence, not corroborating testimony. Background Maria Del Refugio Arita-Deras, a native and citizen […]
Immigration – Guatemalan gang targeted petitioner
Where the petitioner became the target of death threats by a Guatemalan gang after she and her family witnessed a mass killing by gang members and refused to yield to the gang’s extortion and other demands, she established a well-founded fear of future persecution if she returned to Guatemala. Background Anita Elizabeth Argueta Diaz de […]
Immigration – Consular’s decision about visa application beyond judicial review
Where the consular officer who denied a visa application cited the statutory provisions for the denial and explained her reasoning—that she found the applicant had proffered a falsified passport and lied about her age—the doctrine of consular non-reviewability barred judicial review. Background In October 2016, Anthony Sesay, a United States citizen, filed an immediate-relative petition [&hell[...]
Immigration – No advance notice of need for corroborating evidence
Joining the majority of courts and consistent with the Board of Immigration Appeals’ interpretation of the Immigration and Nationality Act, the INA does not require an immigration judge to give an alien seeking relief from removal advance notice of specific corroborating evidence necessary to establish his claim or to grant an automatic continuance to allow […]
Immigration – Domestic abuse social group violates anti-circularity
Where being in a controlling and abusive domestic relationship is a characteristic that defines the group by the fact of persecution, the Board of Immigration Appeals did not err in finding a woman’s proposed social group—married El Salvadoran women in a controlling and abusive domestic relationship—violated the anti-circularity principle. Background Maria Del Carmen Amaya-De Sicaran, [&hell[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
