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 ...

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

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 ...

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

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, ...

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

U.S. Citizenship and Immigration Services, or USCIS, erred when it required a permanent custody order before it would allow an immigrant to qualify for special juvenile status because that requirement is not found in the statute. Background In late 2013, at ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Robert B. King

Although Virginia’s controlled substance statute is broader than its federal counterpart and penalizes the possession of substances that are not illegal under federal law, the statute is divisible. Thus, the Board of Immigration Appeals did not err in concluding that ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Allison Jones Rushing

Where the Board of Immigration Appeals instructed the Immigration Judge, or IJ, to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before ...

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

Sponsored Content BACK | SPONSORED CONTENT HOME By Rachel L. D. Thompson She won first place as the top speed skater in the country for her age group (girls between 11 and 14 years of age) in 2018 and added ...

Tagged with: Immigration Sponsored Content

Where the Board of Immigration Appeals, or BIA, remands a case to the immigration judge for background checks, the court joins the majority of circuits in holding the BIA’s decision is not a final order of removal for purposes of ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge J. Harvie Wilkinson III

The U.S. Citizenship and Immigration Services, or USCIS,  application of the law that was in effect when an Alien Relative petition brought by an immigrant and his wife was adjudicated, rather than the statute that was in effect when the ...

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

Where noncitizens are awaiting the outcome of proceedings on their petitions to withhold removal based on a fear of persecution or torture in other countries, they are entitled to bond hearings that could lead to their release during those proceedings. ...

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