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Tag Archives: Immigration

BIA erred by not considering murder of applicant’s brother

Where a Honduran native’s first application for asylum was denied as untimely, but he then filed a second application after his brother’s murder, the Board of Immigration Appeals or BIA, erred by refusing to reopen the application. The murder constituted ...

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Asylum applicant fails to show attacks based on targeted group

Where the record showed that an asylum applicant was not targeted because of her membership in a particular social group but because the assailant attacked anyone who aided his former wife, the asylum claim was denied. Background Veronica Toledo-Vasquez petitions ...

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BIA erred when it interpreted ‘unambiguous’ rule

Where a regulation requires the Department of Homeland Security, or DHS, to notify an applicant of the need to provide biometrics, such as photographs and fingerprints; provide the applicant with a biometrics notice; and provide instructions for producing biometrics, the ...

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Applicant granted remand not entitled to attorneys’ fees

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

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

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

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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