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SCOTUS sets high bar for overturning ‘persecution’ ruling
The U.S. Supreme Court rules courts must defer to immigration agencies when reviewing asylum persecution determinations under the Immigration and Nationality Act.
Immigration – Asylum – Persecution
Where a petition for asylum was denied, that decision must be upheld absent evidence that a beating and subsequent threats the petitioner received were due to governmental action or inaction. […]
Immigration – Asylum – Gang membership
Where a Guatemalan native appeals from the denial of his application for asylum and withholding of removal, he is unable to demonstrate past persecution or an objectively reasonable fear of […]
Immigration – Persecution – Humanitarian exception
Where the petitioner, a Guatemalan of Mayan Quiché race and ethnicity, challenges the denial of his request for asylum, the order must be vacated and the case remanded, as (1) […]
Immigration – Asylum – Persecution
Where the petitioner, a native of Nepal, suffered a single beating by a group of Maoists in April of 2003, he is unable to demonstrate past persecution because the beating […]
Immigration – Credibility – Asylum – Abortion
Where the Board of Immigration Appeals accepted an Immigration Judge's adverse credibility determinations and resulting conclusion that a petitioner is not entitled to asylum or withholding of removal, the BIA's decision to dismiss the petitioner's appeal was supported by substantial evidence, and accordingly, the petition for review must be denied.
Immigration – Asylum – Persecution
Where the petitioner, a native and citizen of Ecuador, was placed into removal proceedings after she entered the United States without being admitted or paroled, the immigration judge properly denied her applications for asylum, withholding of removal and relief under the Convention Against Torture, as she was unable to prove that she suffered past persecution or would suffer persecution in the fu[...]
Immigration – Asylum – Persecution
Where the Board of Immigration Appeals upheld a denial of a Pakistani family's asylum request, a remand is necessary for an analysis of the reasonableness of the applicants' claim of a fear of future persecution.
Immigration – Asylum – Abortion
Where two asylum seekers have challenged a decision by the Board of Immigration Appeals upholding a denial of their applications for asylum, withholding of removal and relief under the United Nations Convention Against Torture (CAT), the BIA decision must be affirmed based on adverse credibility determinations that were not clearly erroneous.
Immigration – Asylum – Persecution
Where the petitioner, a native of El Salvador, seeks judicial review of a final order of removal issued by the Board of Immigration Appeals denying his application for asylum, withholding of removal and protection under Article III of the United Nations Convention Against Torture, the petition for review must be denied for lack of sufficient evidence of persecution.
Immigration – Asylum – Persecution
Where a petitioner has failed to show past or future persecution, and her claim for protection under the Convention Against Torture is without merit, the Board of Immigration Appeals (BIA) was correct in affirming the denial of her application for asylum, withholding of removal, and withholding under the CAT.
Immigration – Asylum – Persecution – Roma ancestry
Where the petitioner, a native and citizen of Moldova, seeks judicial review of a final order of the Board of Immigration Appeals denying his application for asylum, withholding of removal and protection under Article III of the United Nations Convention Against Torture, the petition must be denied in all respects due to the petitioner's failure to establish past persecution or a clear probability[...]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
