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Immigration – Asylum – Credibility – REAL ID Act
Where the Board of Immigration Appeals (BIA) affirmed a denial of a petitioner's applications for asylum, withholding of removal and relief under the Convention Against Torture, a remand is necessary because the BIA failed to address two central issues concerning a presumption of credibility and the need for corroborating evidence under the REAL ID Act.
Immigration – Asylum – Gang recruitment
Where the petitioner, a native and citizen of El Salvador, was placed in removal proceedings after he attempted to enter the United States without authorization, and now seeks asylum, withholding of removal, and protection under the Convention Against Torture based on the claim that he will suffer future persecution if returned to his homeland, all three requests for relief must fail.
Immigration – Asylum – Past persecution
Where the petitioner, a Salvadoran national, seeks review of an order of the Board of Immigration Appeals approving the denial of his applications for asylum and withholding of removal, the petitioner has failed to establish past persecution and accordingly, the petition must be denied.
Immigration – Asylum – Crime witness
Where a Brazilian national applied for asylum, an order denying the application must be affirmed because of her inability to show past or future persecution.
Immigration – Asylum – Civil patrol member
Where a Guatemalan petitioner applied for asylum and withholding of removal, an order denying the application must be affirmed on the ground that the petitioner failed to demonstrate a nexus to a statutorily protected ground.
Immigration – Asylum – Wealth
Where the Board of Immigration Appeals reversed an immigration judge's decision to grant asylum to a Guatemalan petitioner, the Board acted properly because of the petitioner's failure to establish membership in a social group protected under the asylum statute.
Immigration – Asylum – Credibility
Where the petitioner, a native and citizen of Romania, has petitioned for review of a decision of the Board of Immigration Appeals affirming the denial by the immigration judge of his applications for asylum, withholding of removal and relief under the Convention Against Torture, the petitioner lacks credibility and has failed to establish evidence of mistreatment by the Romanian authorities neces[...]
Immigration – Asylum – Persecution
Where the Board of Immigration Appeals upheld a judge's decision to deny asylum to an Albanian couple, a remand must be ordered for further proceedings on the issues of past persecution and changed country conditions.
Immigration – Asylum – Credibility
Where a petitioner from the Ivory Coast has challenged a decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture, the challenge must be rejected, as the petitioner has identified no error in the Immigration Judge's adverse credibility determination.
Immigration – Asylum – Rape
Where a Cambodian petitioner has sought review of the denial of her applications for asylum, withholding of removal and relief under the Convention Against Torture, the petition for review must […]
Immigration – Asylum – Peruvian citizen
Where a plaintiff Peruvian citizen has been denied asylum in the United States, we find that the Board of Immigration Appeals' adjudication of the plaintiff's asylum petition was marred by legal error.
Immigration – Asylum – Changed country conditions
Where the Board of Immigration Appeals denied a petitioner's motion to reopen his removal proceedings so that he could apply for asylum, withholding of removal and protection under the Convention Against Torture, a remand is necessary because the BIA committed errors of law in deciding that the petitioner had not shown changed country conditions or made a prima facie case for relief, thereby abusi[...]
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
