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Jul 1, 2019

Immigration – Asylum – Deportation

The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum and other relief to an unmarried mother who was repeatedly extorted by a gang member and faced a high risk of physical violence or death if deported back to her home country. Background Sindy Marilu […]

Jun 4, 2019

Immigration – Denial of asylum to domestic abuse victim was arbitrary and capricious

  The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum to a victim of domestic violence whose uncontroverted testimony established that the police in her home country frequently ignored her requests for help when her partner became abusive. Background In 1992, when Ruth Jeanette […]

May 13, 2019

Immigration—Taking custodial liberties with child a deportable offense

A defendant who pleaded guilty to taking custodial indecent liberties with a child, a felony under Virginia law, was deportable under the Immigration and Nationality Act because the offense categorically qualified as the aggravated felony of sexual abuse of a minor under the Act. Background In 2014, Omar Thompson pleaded guilty to two counts of […]

Apr 25, 2019

Immigration—Transfer of detainee to another state OK

Undocumented immigrants who were properly arrested and detained by Immigration and Customs Enforcement in the state where they lived with their families were not deprived of their constitutional rights when they were transferred to another state without notice or a hearing because they did not have a protected liberty interest in family unity. Background In […]

Apr 8, 2019

Immigration—Documents in application all that is needed to decide TPS

Although a defendant satisfied the requirements to receive temporary protected status, or TPS, and would have been granted TPS had the Immigration and Naturalization Service reviewed all documents in its possession, the denial of TPS was not fundamentally unfair because the INS was only required to review the documents attached to defendant’s TPS application, and […]

Apr 8, 2019

Immigration—Decision on prisoner’s custody of child needed review

Where an immigration judge determined that an imprisoned father did not have physical custody of his child for purposes of the Child Citizenship Act, that decision should have been reviewed de novo by the Board of Immigration Appeals. Background Howard Egba Duncan Jr. is a legal permanent resident of the United States who was born […]

Mar 1, 2019

Immigration – Government acquiescence in torture subject to de novo review

While the question of whether a government would acquiesce in torture is a question of fact for jurisdictional purposes, for purposes of an appeal, it is a mixed question of law and fact that is subject to de novo review. Background Petitioner Oscar Adilio Cruz-Quintanilla is a native of El Salvador and a legal permanent […]

Mar 1, 2019

Immigration – Torture risk based on risk from all sources

The likelihood that a former gang member would be tortured if removed to his home country because of his gang-related tattoos depended on the total risk of torture posed by rival gangs, anti-gang vigilantes and police forces in the aggregate. Background In 2005, petitioner Eduardo Antonio Rodriguez-Arias fled El Salvador’s rampant gang related violence and […]

Feb 7, 2019

Immigration – Temporary ex parte order does not satisfy SIJ requirements

A temporary ex parte custody order did not qualify as a state court custody order sufficient to meet the requirements necessary for plaintiff to obtain special immigrant juvenile status. Background Under 8 U.S.C. §1101(a)(27)(J), immigrant children may become lawful permanent residents of the United States by meeting statutory special immigrant juvenile, or SIJrequirements. One way […]

Jan 1, 2019

Immigration  –  Removal statute had run on man convicted of crime

A man convicted of felony abduction in 2012 won vacation of a removal order based on the court’s finding that he was admitted to the United States in 2002, and the felony removal statute requires the crime be committed within five years of admission. Background DHS began removal proceedings against Mauricio-Vasquez in January 2016, charging […]

Dec 19, 2018

Immigration – Gang recruitment efforts insufficient for asylum

Although the petitioner asserted a gang was threatening him if he returned to El Salvador, evidence supported the immigration judge’s conclusion that the gang’s recruitment efforts were aimed at providing “more opportunities to increase membership,” rather than at persecuting him because he was a Christian. Background In April 2014, Hercules-Torres departed El Salvador at the […]

Dec 14, 2018

Immigration  –  Petitioner get presumption of ‘fear of future persecution’

The Board of Immigration Appeals erred by finding that petitioner from Benin had not established past persecution, despite credible testimony of death threats due to his bisexuality and homosexual relationship. In remanding, the court noted the petitioner is entitled to the presumption of a well-founded fear of future persecution. Background Mocktar Tairou applied for admission […]

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