Where the plaintiff failed to disclose the existence of her child during her initial visa application process and subsequently testified that she had never given false information or documentation to a U.S. official during her naturalization interview, she was unable ...

Tagged with: Immigration Judge T.S. Ellis III U.S. District Court - Eastern District

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. ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Pamela A. Harris

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. ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Henry F. Floyd

The Roanoke-based Woods Rogers law firm and an associate at the firm have been sued by a fledgling country music band claiming the firm’s “catastrophic errors” in visa applications has forced the band to start its career over in Europe. ...

Tagged with: Immigration

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge A. Marvin Quattlebaum Jr.

A man born in El Salvador failed to establish that gangs harassed him on account of his father’s disabilities. At most, the record showed the gangs threatened him because he would not join their ranks. However, flight from gang recruitment ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge G. Steven Agee

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Albert Diaz

Claims by an unaccompanied minor and his relative that the Office of Refugee Resettlement policy violated the Administrative Procedure Act and the plaintiffs’ procedural due process rights, proceed to discovery. Background Plaintiffs/petitioners in this putative class action are four minors ...

Tagged with: Immigration Judge Leonie Brinkema U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Per Curiam Opinion

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Roger L. Gregory