Where a petition seeking review of a negative asylum decision was filed one day too late, it was dismissed. Although the petitioners argued that, because the Board of Immigration Appeals, or BIA, served the order by mail, Federal Rule of ...

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

Where an immigrant from El Salvador failed to show that she was persecuted on account of her membership in a particular social group, the Board of Immigration Appeals, or BIA, did not err in denying her petition for asylum or ...

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

Where the petitioner was required to demonstrate that he was lawfully admitted to the United States, but he had been previously deemed inadmissible to the United States because of a prior conviction for embezzlement, he failed to meet his burden ...

Tagged with: Immigration Judge Claude M. Hilton U.S. District Court - Eastern District

Where the immigration judge’s written order indicated that a defendant waived his right to appeal, even though this was never discussed during the hearing, and the defendant established a reasonable probability that he would not have been deported but for ...

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

Where the government and an applicant for cancellation of removal disputed whether a prior decision of the Board of Immigration Appeals, or BIA, required remand in this case, and that prior decision was unclear on the basis for the remand, ...

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

Where the government argued that the proper venue was the 5th U.S. Circuit Court of Appeals because an asylum applicant was located there when his petition was denied, but the venue statute looks to where the immigration judge, or IJ, ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Julius N. Richardson

Where the district court issued a class-wide injunction regarding government procedures to detain aliens pending removal hearings, but the statute expressly precludes “jurisdiction or authority to enjoin or restrain” provisions of the immigration laws on a class-wide basis, that aspect ...

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

Where an 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 for protection under the Convention Against ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge William B. Traxler Jr.

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 for rehearing en banc was denied. Background A requested ...

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

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 eligibility. Nothing in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Toby Heytens