Tag Archives: Immigration

BIA’s ‘excessively narrow’ nexus analysis improper (access required)

Where the immigration judge focused on why a Honduran gang targeted the petitioner’s family, rather than petitioner herself, that was wrong. Because the record showed that the gang leveraged her familial relationship to her husband, as well as their familial ...

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Willful ignorance of false info is not a valid defense (access required)

Where the petitioner’s former attorney made materially false representations on an employment certification submitted as part of an immigration application in 2001, it was immaterial that the petitioner signed the form without verifying its contents. He certified the information was ...

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Removal ordered where persecution was because of witnessing crime (access required)

An individual who was persecuted in El Salvador because he witnessed his brother’s murder, and reported it to the police, is not eligible for asylum. The record did not show the persecution was because of his family ties. Background Jexte ...

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Asylum seeker established persecution and protected ground (access required)

Where a former member of the Guatemalan military credibly testified that he suffered persecution because of a political opinion imputed to him based on his opposition to the military’s inhuman conduct and his threats to report them to human rights ...

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Homeland Secretary may revoke visa petition, foreclosing judicial review (access required)

Although section 205 of the Immigration and Nationality Act, or INA, does not use the word “discretion,” its language unambiguously confers discretion on the Secretary of Homeland Security to revoke an immigration petition. As such, judicial review of the plaintiff’s ...

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‘Ambiguous’ whether Honduran would face future threat (access required)

Where the record was “ambiguous” and “inconclusive” on whether a woman’s life would be threatened if she returned to Honduras, because she suffered past persecution due to her membership in particular social groups she qualified for withholding of removal. However, ...

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