Immigration – Civil Practice – Mootness – Visa Reinstatement
During the course of this litigation, plaintiffs – whose nonimmigrant visas had been revoked by defendant – received new visas of the same type. Consequently, plaintiffs’ claims are moot. We affirm...
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Immigration – Applicant fails to show likelihood of torture in El Salvador
Where the immigration judge or IJ, found that the threat of torture from MS-13, police and vigilante groups in El Salvador was less than 50%, both separately and in the aggregate, an applicant’s bid...
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Immigration – Board erred by imposing ‘living parent’ requirement in statute
Where the attorney general has discretion to waive removal for an alien who is the son of a U.S. citizen, the board erred by concluding that a deceased parent is not a qualifying relative for waiver...
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Immigration – No en banc hearing on Board of Immigration case
Where a majority of the judges voted against rehearing en banc a case involving whether to grant Chevron deference to the Board of Immigration’s recent interpretation of § 1101(a)(43)(S), the motion...
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Immigration – BIA erred by not considering murder of asylum applicant’s brother
Where the Honduran native’s first application for asylum was denied as untimely, but he then filed a second application after his brother’s murder, the Board of Immigration Appeals or BIA, erred by...
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Immigration – Asylum applicant fails to show attacks were based on targeted...
Where the record showed that the asylum applicant was not targeted because of her membership in a particular social group but because the assailant attacked anyone who aided his former wife, the asylum...
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Immigration – BIA erred when it interpreted ‘unambiguous’ rule
Where a regulation requires the Department of Homeland Security or DHS, to notify an applicant of the need to provide biometrics, such as photographs and fingerprints; provide the applicant with a...
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Immigration – Deferential standard of review rejected
In an issue of first impression, where the government argued that the immigration judge’s decision should be upheld so long as it was based on a “facially legitimate and bona fide reason,” the court...
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Immigration – ‘Prosecution witnesses’ is not a particular social group
Where a Honduran man argued that he should not be removed from the United States because his status as a “prosecution witness” would result in threats to his life or freedom in Honduras, the claim...
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Immigration – Applicant granted remand order not entitled to attorneys’ fees
Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the...
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Immigration – BIA’s interpretation of ambiguous phrase given deference
Where the term “relating to obstruction of justice” is ambiguous about whether an ongoing or a reasonably foreseeable proceeding must be obstructed, the court deferred to the reasonable interpretation...
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Immigration – Applicant fails to show likelihood of torture in El Salvador
Where the immigration judge or IJ, found that the threat of torture from MS-13, police and vigilante groups in El Salvador was less than 50%, both separately and in the aggregate, an applicant’s bid...
View ArticleClik here to view.
Immigration – Board erred by imposing ‘living parent’ requirement in statute
Where the attorney general has discretion to waive removal for an alien who is the son of a U.S. citizen, the board erred by concluding that a deceased parent is not a qualifying relative for waiver...
View ArticleClik here to view.
Immigration – No en banc hearing on Board of Immigration case
Where a majority of the judges voted against rehearing en banc a case involving whether to grant Chevron deference to the Board of Immigration’s recent interpretation of § 1101(a)(43)(S), the motion...
View ArticleClik here to view.
Immigration – BIA erred by not considering murder of asylum applicant’s brother
Where the Honduran native’s first application for asylum was denied as untimely, but he then filed a second application after his brother’s murder, the Board of Immigration Appeals or BIA, erred by...
View ArticleClik here to view.
Immigration – Asylum applicant fails to show attacks were based on targeted...
Where the record showed that the asylum applicant was not targeted because of her membership in a particular social group but because the assailant attacked anyone who aided his former wife, the asylum...
View ArticleClik here to view.
Immigration – BIA erred when it interpreted ‘unambiguous’ rule
Where a regulation requires the Department of Homeland Security or DHS, to notify an applicant of the need to provide biometrics, such as photographs and fingerprints; provide the applicant with a...
View ArticleClik here to view.
Immigration – Deferential standard of review rejected
In an issue of first impression, where the government argued that the immigration judge’s decision should be upheld so long as it was based on a “facially legitimate and bona fide reason,” the court...
View ArticleClik here to view.
Immigration – ‘Prosecution witnesses’ is not a particular social group
Where a Honduran man argued that he should not be removed from the United States because his status as a “prosecution witness” would result in threats to his life or freedom in Honduras, the claim...
View ArticleClik here to view.
Immigration – Applicant granted remand order not entitled to attorneys’ fees
Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the...
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