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Articles Tagged: BIA

Religious Persecution May Include Non-Physical Forms of Harm

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Huang v. Holder is an Eleventh Circuit case on appeal from a Board of Immigration Appeals (BIA) denying Huang’s application for asylum after finding that the abuse he suffered in his native country of China did not constitute religious persecution.  The Eleventh Circuit vacated and remanded to the BIA because it was unclear from the […]

Recognizing Asylum Claims Based on Domestic Violence

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In Matter of A-R-C-G-, the BIA recently found that “married women in Guatemala who are unable to leave their relationship” may constitute as a particular social group.  This is a landmark decision that will better assist in allowing women who have experienced domestic violence to achieve asylum in the United States. The respondent is a […]

The Battle in the “Times” over the Immigration Court

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A battle is brewing in the New York Times over the performance of the Executive Office of Immigration Review.  On January 2, 2012, an Editorial in the New York Times issued a rather scathing review of the Board of Immigration Appeals.  The opinion piece in the New York Times was based on Judulang v. Holder.  […]

What happens to Immigrants with Mental Disabilities in Removal Proceedings?

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     With little safeguards, each year many non-citizens or even U.S. citizens have been ordered removed without access to counsel and without any clinical analysis. This is a clear violation of both the Fifth Amendment Equal Protection Clause, and of the Fourth Amendment Due Process Clause.      In Lyttle v.US in December 2010, a U.S. […]

NEW EXECUTIVE OFFICE FOR IMMIGRATION REVIEW WEBSITE

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On October 20, 2010, the Executive Office for Immigration Review (EOIR) launched its new and improved website.  The site now not only looks better, but functions much better as well.  The new improvements include: An Action Center that helps one to find a representative, an immigration court, or a free attorney; A place to submit […]