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2012

  • CA1 Upholds Adverse Credibility Determination(540 KB - 12/28/2012)
    The court upheld the IJ’s conclusion that the asylum applicants’ testimony was not credible, and rejected the argument that the BIA improvidently fashioned its own factual findings in order to uphold the adverse credibility determination. (Chen v. Holder, 12/21/12) AILA Doc. No. 12122849.
    AILA Doc. No. 12122849.
  • CA1 Issues Temporary Stay of Mandate to Allow Petitioner to Apply for DACA(77 KB - 12/10/2012)
    The court upheld the denial of the petitioners’ motion to reopen their asylum case based on changed circumstances, but issued a 90-day stay of mandate to allow the son to apply for deferred action for childhood arrivals. (Gasparian v. Holder, 12/3/12) AILA Doc. No. 12121025.
    AILA Doc. No. 12121025.
  • CA1 Denies Guatemalan Withholding Claim(515 KB - 11/14/2012)
    The court held that the petitioner did not show that the persecution of his family members was causally linked to family membership and found that “victims of gang threats and possible extortion” is an overly broad social group. (Tay-Chan v. Holder, 11/9/12) AILA Doc. No. 12111445.
    AILA Doc. No. 12111445.
  • CA1 Denies Asylum Based on Perceived Wealth of Family(514 KB - 11/14/2012)
    The court held that the petitioner had not provided sufficient evidence to establish a well-founded fear of persecution based on his family membership, and rejected the argument that his family was targeted for their perceived wealth. (Perlera-Sola v. Holder, 11/9/12) AILA Doc. No. 12111443.
    AILA Doc. No. 12111443.
  • CA1 on the Social Visibility Requirement in Asylum Cases(546 KB - 11/9/2012)
    The court denied the withholding applications, which were based on the petitioners’ fear that their U.S.-citizen son could be kidnapped if they returned to Mexico, after a discussion of the “social visibility” requirement. (Rojas-Perez v. Holder, 11/5/12) AILA Doc. No. 12110851.
    AILA Doc. No. 12110951.
  • CA1 Upholds Denial of Asylum Based on Resistance to Guerilla Recruitment(503 KB - 10/29/2012)
    The court held that there was no evidence that guerillas targeted the petitioner for recruitment because of his political opinion, and found that “Guatemalan nationals repatriated from the U.S.” is not a particular social group. (Escobar v. Holder, 10/22/12) AILA Doc. No. 12102947.
    AILA Doc. No. 12102947.
  • CA1 Holds Connecticut Conviction for Drug Offense is Aggravated Felony(510 KB - 10/24/2012)
    The court held that a conviction under Conn. Gen. Stat. §21a-277(b) is not categorically an aggravated felony, but that the charging document established that the petitioner pled to possessing a controlled substance with intent to sell. (James v. Holder, 10/19/12) AILA Doc. No. 12102443.
    AILA Doc. No. 12102443.
  • CA1 Holds Connecticut Conviction for Risk of Injury to a Minor Is Not Aggravated Felony(520 KB - 10/24/2012)
    The court found that a CT statute prohibiting risk of injury to a minor fails to define a crime that requires sexual abuse for its commission, and held that the petitioner was not convicted of an aggravated felony under §101(a)(43)(A). (Campbell v. Holder, 10/19/12) AILA Doc. No. 12102442.
    AILA Doc. No. 12102442.
  • CA1 Finds Prospect of CIR Is Not Good Cause for Continuance(505 KB - 10/11/2012)
    The court upheld the IJ and BIA’s decisions not to grant a continuance, finding that the prospect of comprehensive immigration reform was a speculative event that was insufficient to justify another continuance. (Sheikh v. Holder, 10/10/12) AILA Doc. No. 12101149.
    AILA Doc. No. 12101149.
  • CA1 Denies Asylum to Applicant Whose Spouse Was Forced to Undergo an Abortion(518 KB - 10/4/2012)
    The court held that the spouse of a Chinese woman who was forced to undergo an abortion is not automatically "a person who has been forced to abort a pregnancy” under INA §101(a)(42)(B), and denied the petitioner’s asylum application. (Dong v. Holder, 10/3/12) AILA Doc. No. 12100454.
    AILA Doc. No. 12100454.
  • CA1 Finds Venezuelan Asylum Applicant Filed Untimely(1000 KB - 9/28/2012)
    The court held it did not have jurisdiction to review the IJ’s decision that the asylum application was untimely, and denied withholding, finding that the petitioner had not proved past persecution nor a likelihood future persecution. (Cabas v. Holder, 9/25/12) AILA Doc. No. 12092844.
    AILA Doc. No. 12092844.
  • CA1 Denies Ukrainian Asylum Claim Based on Pentecostal Beliefs(513 KB - 9/6/2012)
    The court denied the petitioner’s applications for asylum, withholding, and CAT relief, finding the mistreatment she suffered in Ukraine on account of her Pentecostal religious beliefs did not rise to the level of persecution. (Rebenko v. Holder, 9/4/12) AILA Doc. No. 12090654.
    AILA Doc. No. 12090654.
  • CA1 Finds Individuals Who Oppose Gang Membership Are Not a “Socially Visible” Group(508 KB - 8/23/2012)
    The court held that the Salvadoran petitioner failed to show he would suffer persecution because he opposes gang membership, noting he did not pinpoint any characteristic that renders members of the proposed group social visible. (Beltrand-Alas v. Holder, 8/17/12) AILA Doc. No. 12082348.
    AILA Doc. No. 12082348.
  • CA1 Finds Petitioner Abandoned Asylum Application(476 KB - 7/30/2012)
    The court found that the IJ did not err in denying the petitioner’s last-minute request to continue a hearing and dismissing her asylum application as abandoned, noting that she failed to submit court-ordered documents. (Gomez-Medina v. Holder, 7/27/12) AILA Doc. No. 12073046.
    AILA Doc. No. 12073046.
  • CA1 Denies Asylum to Honduran Tax Analyst(488 KB - 7/10/2012)
    The court found that the Honduran petitioner, who received threats because he wrote a report exposing governmental fraud, failed to show that he suffered harm amounting to persecution or that he was targeted because of a protected ground. (Lobo v. Holder, 7/6/12) AILA Doc. No. 12071043.
    AILA Doc. No. 12071043.
  • CA1 Denies Guatemalan Asylum Claim(467 KB - 6/28/2012)
    The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12) AILA Doc. No. 12062830.
    AILA Doc. No. 12062830.
  • CA1 Remands to BIA for Inadequately Reasoned Decision(491 KB - 6/27/2012)
    The court found the petitioner was not eligible for cancellation because she could not impute her father’s time in the U.S. to her continuous residence, but remanded her asylum claim, holding that the BIA’s decision was inadequate. (Aponte v. Holder, 6/21/12) AILA Doc. No. 12062751.
    AILA Doc. No. 12062751.
  • CA1 on the Meaning of “Conviction” in INA § 237(a)(2)(A)(ii)(468 KB - 6/27/2012)
    The court found that the petitioner was “convicted” of shoplifting for the purposes of INA § 237(a)(2)(A)(ii), despite the fact that the shoplifting fine was vacated for reasons unrelated to procedural or substantive error. (Viveiros v. Holder, 6/25/12) AILA Doc. No. 12062741.
    AILA Doc. No. 12062741.
  • CA1 Finds Malicious Destruction of Property To Be CIMT(487 KB - 5/14/2012)
    The court upheld the BIA’s conclusion that malicious destruction of property under Massachusetts law qualifies as a crime involving moral turpitude and that, as a result, the petitioner was ineligible for cancellation of removal. (Palmeira v. Holder, 5/10/12) AILA Doc. No. 12051454.
    AILA Doc. No. 12051454.
  • CA1 Finds NTA Was Not Withdrawn, Triggered Stop-Time Rule(477 KB - 5/4/2012)
    The court found that the petitioner was not eligible for cancellation of removal because the NTA - issued 5 days before he would have accrued the required physical presence – was amended, not withdrawn, and triggered the stop-time rule. (Cheung v. Holder, 5/2/12) AILA Doc. No. 12050467.
    AILA Doc. No. 12050467.
  • CA1 on Corroboration in Asylum Proceedings(473 KB - 4/27/2012)
    Applying the law as it existed prior to the REAL ID Act, the court found that the BIA should have made an explicit finding on the adequacy of the asylum applicant’s explanation for failing to corroborate certain aspects of his claim. (Soeung v. Holder, 4/25/12) AILA Doc. No. 12042754.
    AILA Doc. No. 12042754.
  • CA1 Upholds Denial of Cancellation of Removal Based on False Testimony(484 KB - 4/13/2012)
    The court found it had authority to review the decision on the petitioner’s cancellation of removal (COR) application, upheld the IJ and BIA’s adverse credibility determination, and found that he was statutorily barred from obtaining COR. (Restrepo v. Holder, 4/12/12) AILA Doc. No. 12041351.
    AILA Doc. No. 12041351.
  • CA1 Issues Final Judgment in 18-Year-Old Asylum Case(470 KB - 4/13/2012)
    The court found that they have the authority to issue a final judgment in the asylum case of a former Peruvian military officer, noting they explicitly retained jurisdiction of the case after remanding to the BIA in 2011. (Castaneda-Castillo v. Holder, 4/12/12) AILA Doc. No. 12041350.
    AILA Doc. No. 12041350.
  • CA1 Finds No Changed Country Conditions in Chinese Asylum Case(533 KB - 4/3/2012)
    The court affirmed the BIA’s conclusion that a reopening of the Chinese petitioner’s asylum case was unwarranted due to his failure to establish a change in circumstances or country conditions. (Chen v. Holder, 3/30/12) AILA Doc. No. 12040344.
    AILA Doc. No. 12040344.
  • CA1 Finds New Hampshire Reckless Conduct Conviction to Be CIMT(91 KB - 3/26/2012)
    The court found that the petitioner’s reckless conduct convictions were crimes involving moral turpitude, noting that a reckless state of mind can under some circumstances be sufficient to support a finding of moral turpitude. (Idy v. Holder, 3/23/12) AILA Doc. No. 12032661.
    AILA Doc. No. 12032661.
  • CA1 Upholds Denial of Gang-Related Asylum Claim(543 KB - 3/19/2012)
    The court upheld the denial of the Salvadoran petitioner’s asylum claim, which was based on the petitioner’s resistance to gang recruitment and his anti-gang political opinion. (Mayorga-Vidal v. Holder, 3/16/12) AILA Doc. No. 12031932.
    AILA Doc. No. 12031932.
  • CA1 Remands Asylum Case for Faulty Credibility Determination(513 KB - 3/19/2012)
    The court remanded the asylum case, noting that the IJ did not present a reasoned analysis of the evidence as a whole, and finding that the IJ relied on at least two perceived “inconsistencies” that were not direct inconsistencies. (Jabri v. Holder, 3/16/12). AILA Doc. No. 12031933.
    AILA Doc. No. 12031933.
  • CA1 Seeks Clarification on Credibility and Corroboration Issues(529 KB - 3/19/2012)
    The court found that the BIA failed to address two central issues in the Ethiopian asylum case, and remanded to the BIA to clarify questions relating to credibility and corroborating evidence. (Guta-Tolossa v. Holder, 3/16/12). AILA Doc. No. 12031934.
    AILA Doc. No. 12031934.
  • CA1 Finds Petitioner Ineligible for NACARA Relief(75 KB - 3/15/2012)
    The court found that the Guatemalan petitioner is statutorily ineligible for NACARA relief because he last entered the U.S. as a crewman. (Gonzalez v. Holder, 3/14/12) AILA Doc. No. 12031562.
    AILA Doc. No. 12031562.
  • CA1 Finds No Jurisdiction to Review Cancellation Denial(93 KB - 3/15/2012)
    The court held that it did not have jurisdiction to review the denial of the Bangladeshi petitioner’s cancellation of removal application, and found that the decision to deny asylum and withholding was supported by substantial evidence. (Hasan v. Holder, 3/12/12) AILA Doc. No. 12031561.
    AILA Doc. No. 12031561.
  • CA1 Denies El Salvadoran Asylum Claim(70 KB - 1/31/2012)
    The court found the petitioner, who argued he was persecuted by the FMLN guerillas in El Salvador, did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered. (Guerrero v. Holder, 1/31/12) AILA Doc. No. 12013172.
    AILA Doc. No. 12013172.
  • CA1 Denies Guatemalan Withholding Claim(506 KB - 1/31/2012)
    The court found the Guatemalan petitioner did not show a connection between her feared harm and her membership in either of two social groups: single women perceived to have substantial economic resources or former children of war. (Arevalo-Giron v. Holder, 1/31/12). AILA Doc. No. 12013149.
    AILA Doc. No. 12013149.
  • CA1 Rejects Gang-Related Withholding Claim(247 KB - 1/25/2012)
    The court found that the petitioner, who argued he was a target of gang recruitment and a returnee to El Salvador who would be perceived as wealthy, did not establish membership in a particular social group. (Garcia-Callejas v. Holder, 1/24/12) AILA Doc. No. 12012564.
    AILA Doc. No. 12012564.