How Petitioner violated Cal. Health & Safety Code §11352(a)?

Posted on January 31, 2011 by Brian D. Lerner

The court remanded, finding the record inconclusive as to how Petitioner violated Cal. Health & Safety Code §11352(a), and that the BIA erred in concluding he had been convicted of an aggravated felony trafficking offense. (Young v. Holder, 1/28/11)

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Court rejected Petitioner’s argument

Posted on January 26, 2011 by Brian D. Lerner

The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)

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Court Uphold BIA denial of family planning claim

Posted on January 26, 2011 by Brian D. Lerner

The court found that the harm inflicted on Petitioner, who was punched repeatedly by family planning officials and detained for two days after his wife was taken away for an abortion, did not rise to the level of persecution. (Liu v. Holder, 1/24/11)

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Case involving separate claims of a couple from Egypt

Posted on January 5, 2011 by Brian D. Lerner

In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)

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Convention Against Torture (CAT) Relief

Posted on January 4, 2011 by Brian D. Lerner

The court ordered Convention Against Torture (CAT) relief, finding that BIA erred in its denial on the basis that petitioner could avoid torture by ceasing to exercise her political rights and remanded for consideration of her FGM claim as a separate basis for relief. (Edu v. Holder, 10/26/10)

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Petitioner to pursue an argument never presented to the BIA

Posted on January 3, 2011 by Brian D. Lerner

In order for Petitioner to pursue an argument never presented to the BIA, the BIA must (1) identify a claim not presented by the petitioner; (2) exercise its discretion to entertain it; and (3) decide the matter in a full opinion. (Garcia-Carbajal v. Holder, 11/5/10)

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DHS has Sole Authority on Naturalization Application

Posted on January 3, 2011 by Brian D. Lerner

The BIA’s conclusion that proceedings may only be terminated based on the pendency of a naturalization application where DHS makes an affirmative statement of prima facie eligibility is not inconsistent with 8 CFR §1239.2(f). (Barnes v. Holder, 11/10/10)

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Source of the children’s support in the event of Petitioner’s deportation

Posted on January 3, 2011 by Brian D. Lerner

The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)

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Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard

Posted on January 3, 2011 by Brian D. Lerner

The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)

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BIA on the “one central reason” standard that applies to asylum and withholding of removal applications

Posted on December 13, 2010 by Brian D. Lerner

BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010).

Filed under: Applications for Withholding of Removal, Asylum Application, BIA, Immigration Attorney, Immigration Lawyer | Tagged: , , , , , , | Leave a Comment »

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