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Articles Tagged: Board of Immigration Appeals

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 […]

4th Circuit Grants Review on Asylum Regarding MS-13 and Mara 18

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In a reversal of the Board of Immigration Appeals, the Fourth Circuit Court of Appeals remanded on July 18th, 2014, a case in which an asylum applicant seeks to remain in the United States on the basis of his kinship tie to a member of the Mara 18 street gang in El Salvador. Wildon Manfredo […]

Opening a Window for Asylum Claims Based on Family Ties

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In Aldana-Ramos v. Holder, just issued on June 27, 2014, the United States Court of Appeals for the First Circuit held that family alone can constitute a particular social group, and thus an asylee who has been persecuted on account of his or her family membership can qualify for asylum. In Aldana-Ramos v. Holder, the […]

Nationality Trends in New Naturalized Citizens in the US

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The Department of Homeland Security (DHS) recently released its Annual Flow Report analyzing naturalization patterns for the preceding year. This report uses administrative records consisting of information from naturalization applications in the preceding year, drawing conclusions as to present and future trends of immigration. In 2013, the United States naturalized a total of 779,929 persons, […]

Sanchez-Herbert – Failure to Appear/In Absentia Complications

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By: Helena Coric* An overwhelming amount of sources discuss the backlog problems our immigration system is facing. In deportation proceedings, the difficulties become more apparent as hearings are delayed and one is left to simply wait it out. For those individuals that feel they do not have a strong case or lack the funds for […]

TO RELOCATE OR NOT TO RELOCATE, THAT IS THE QUESTION

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By: Margarita Baldwin* In assessing an asylum seeker’s ability to relocate within the borders of the country, the Immigration Judge must decide whether the asylum-seeker can avoid future persecution by moving to another part of the country and whether it would be reasonable to expect the asylum-seeker to do so. A recent BIA’s decision granted […]

Noncitizens Can Seek Reopening and Reconsideration of Their Cases from Outside the US

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The Legal Action Center (“LAC”), working with the National Immigration Project of the National Lawyers Guild, has challenged on multiple occasions the “departure bar,” a regulation that precludes noncitizen aliens from filing a motion to reopen or reconsider a removal case by aliens after they have left the United States. The problem with the “departure […]

Rule on Physical Presence for some Derivative Beneficiaries

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In another important decision, the BIA clarified in Matter of Ilic, 25 I.& N. Dec. 717 (BIA 2012) that only the principal beneficiary needs to satisfy the grandfathering rules including physical presence for the purpose of adjustment of status under INA § 245 (i). See INA § 245 (i)(1)(C). Svetislav Ilic who was the derivative […]