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Tag Archives: Immigration

‘Prosecution witnesses’ is not a particular social group (access required)

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 failed because that social group ...

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Applicant granted remand not entitled to attorneys’ fees (access required)

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 case if the agency failed to comply, the plaintiff did not qualify ...

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BIA’s interpretation of ambiguous phrase given deference (access required)

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 of the Board of Immigration Appeals, or BIA. Background Jean Francois ...

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USAG opinion on authority of immigration judges abrogated (access required)

Where former U.S. Attorney General Sessions opined that immigration judges and the Board of Immigration Appeals, or BIA, lack authority to administratively close cases, but his opinion was at odds with the plain meaning of the regulations and the government ...

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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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