» Asylum/Withholding/Convention Against Torture

Ninth Circuit Criticizes The BIA For Failing To Exercise Thoughtfulness When Analyzing New Evidence In An Ethiopian Torture Case

Last Friday, the Ninth Circuit ruled on a case that gives good guidance on two potentially complex issues. In Agonafer v. Sessions, the Court first examined its jurisdiction to consider a late-filed Motion to Reopen a removal/deportation case for pur… Read More
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Ninth Circuit Revokes Asylum Status After Complicated Analysis of the Effect of a Criminal Conviction for Attempted Sexual Abuse

Asylum status protects a person from being sent back to a country where he would be persecuted. However, that status can be revoked due to subsequent criminal behavior that amounts to an “aggravated felony” as defined by immigration law. In Diego… Read More
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New BIA Case on "Family" as a Particular Social Group for Asylum Persecution: Hatfields Versus McCoys?

Today’s decision from the BIA is a head-scratcher. In Matter of L-E-A-, the BIA examined the claim of a man who was persecuted because his father owned a grocery store. The persecutors were members of La Familia Michoacana, a criminal cartel in Mex… Read More
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Another BIA Decision on Persecutors: How Much Proof is Needed

The “persecutor bar” prevents immigration benefits from being granted to applicants who persecuted others in the past. Today, the immigration appellate court (BIA) confirmed just how far the government must go to invoke the bar. In Matter of M-B-… Read More
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New BIA Case: Guarding a Tortured Prisoner is "Persecution," Even If You Had No Intent To Harm

The Board of Immigration Appeals (BIA) is the first appellate court for all deportation/removal cases nationwide. Today in a decision titled Matter of J.M. Alvarado, it denied a green card to a man who served in the El Salvador National Guard, becaus… Read More
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