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2008

  • CA1 Upholds IJ Negative Credibility Finding in Albanian Asylum Claim(104 KB - 11/4/2008)
    The court found that the cumulative effect of inconsistencies regarding the beating Petitioner suffered and his lack of knowledge of Albanian politics were sufficient to support the IJ’s negative credibility finding. (Bebri v. Mukasey, 10/17/08) AILA Doc. No. 08110471.
    AILA Doc. No. 08110471.
  • CA1 Remands Economic Persecution Claim of Gay Indonesian Doctor(111 KB - 10/27/2008)
    The court remanded the case for clarification of the standard the BIA used in rejecting Petitioner’s economic persecution claim. The IJ had found that Petitioner had suffered past persecution because he was unable to earn a living. (Kadri v. Mukasey, 9/30/08) AILA Doc. No. 08102773.
    AILA Doc. No. 08102773.
  • CA1 Finds Lebanese Christian Failed to Show Likelihood of Persecution(129 KB - 10/27/2008)
    The court upheld the BIA’s determination that the incidents of harassment Petitioner experienced in Lebanon did not rise to the level of persecution, and that Petitioner failed to show he would be in danger upon return. (El-Labaki v. Mukasey, 10/1/08) AILA Doc. No. 08102772.
    AILA Doc. No. 08102772.
  • CA1 Upholds Asylum Denial Based on Lack of Nexus under REAL ID Act(121 KB - 10/27/2008)
    The court found insufficient evidence to conclude that Petitioner’s family was targeted for political reasons, and that REAL ID added two elements to the burden of proof: 1) the one central reason standard, and 2) corroborating evidence. (Singh v. Mukasey, 9/25/08) AILA Doc. No. 08102771.
    AILA Doc. No. 08102771.
  • CA1 Upholds Cambodian Asylum Denial for Lack of Nexus(78 KB - 10/27/2008)
    The court held that substantial evidence indicated that Petitioner was not targeted on account of one of the protected statutory grounds, where he admitted that he had been mistreated for enforcing a ban on illegal fishing. (Nou v. Mukasey, 9/18/08) AILA Doc. No. 08102764.
    AILA Doc. No. 08102764.
  • CA1 Finds BIA Erred in Finding Firm Resettlement (10/14/2008)
    The court remanded the case to the BIA to determine the significance of an expired residence stamp in Petitioner’s passport, and whether it constituted an offer of permanent residence in a third country. (Bonilla v. Mukasey, 8/25/08) AILA Doc. No. 08101469.
    AILA Doc. No. 08101469.
  • CA1 Discusses Burden of Proving Misdemeanor Conduct Under the CSA (8/26/2008)
    The court found that Petitioner failed to meet his burden of showing that the conduct underlying his conviction would merit misdemeanor treatment under the Controlled Substances Act, and is therefore, not an aggravated felony. (Julce v. Mukasey, 6/20/08) AILA Doc. No. 08082663.
    AILA Doc. No. 08082663.
  • CA1 Affirms EAJA Award Finding No Substantial Justification in Natz Delay (8/26/2008)
    The court held that the delay in adjudicating Plaintiff’s naturalization and failure to expedite the application in an attempt to comply with the 120-day statutory directive was not substantially justified. (Aronov v. Chertoff, 8/1/08) – Courtesy of Greg Romanovsky. AILA Doc. No. 08082662.
    AILA Doc. No. 08082662.
  • CA1 Upholds Finding of No Past Persecution in Indonesian Withholding Claim (6/28/2008)
    The court found that past persecution findings are “easily inferable” and in Petitioner’s case both the IJ and BIA discussed the past incidents and found they failed to justify the relief Petitioner requested. (Pulisir v. Mukasey, 4/29/08) AILA Doc. No. 08062864.
    AILA Doc. No. 08062864.
  • CA1 Finds Threats Can Amount to Persecution in Cambodian Withholding Claim (6/23/2008)
    In a Cambodian withholding case, the court found that credible threats can amount to persecution, especially when the assailant threatened the applicant with death, in person, and with a weapon. (Sok v. Mukasey, 5/22/08) AILA Doc. No. 08062375.
    AILA Doc. No. 08062375.
  • CA1 Upholds Denial of Asylum Based on Lack of Past Persecution and Nexus (6/23/2008)
    The court found that the BIA’s emphasis on the lack of physical harm was appropriate, and that it was significant that the threats were not connected to a protected ground. (Restrepo Ruiz v. Mukasey, 5/21/08) AILA Doc. No. 08062366.
    AILA Doc. No. 08062366.
  • CA1 Upholds Finding of Changed Conditions in Cambodian Asylum Claim (5/21/2008)
    The court found that the adverse credibility determination was not supported by the record, and that Petitioner had suffered past persecution, but agreed with the IJ that country reports indicated that conditions had changed in Cambodia. (Ly v. Mukasey, 4/24/08) AILA Doc. No. 08052163.
    AILA Doc. No. 08052163.
  • CA1 Upholds Adverse Credibility Over Dissent (5/7/2008)
    The court upheld the adverse credibility finding, where discrepancies were clearly present and went to the heart of the claim. The dissent faulted the court for condoning a policy of blindsiding applicants with adverse credibility findings. (Cuko v. Mukasey, 3/31/08) AILA Doc. No. 08050763.
    AILA Doc. No. 08050763.
  • CA1 Upholds Adverse Credibility Finding Under REAL ID Analysis (5/7/2008)
    The court found internal inconsistencies in Petitioner’s testimony and rejected Petitioner’s contention that the contradictions were minor. (Lin v. Mukasey, 3/26/08) AILA Doc. No. 08050762.
    AILA Doc. No. 08050762.
  • CA1 Upholds Adverse Credibility Finding in Cambodian Asylum Claim (4/2/2008)
    While the IJ arguably overstated the number and importance of the inconsistencies, the court held that the IJ had a rational basis for the adverse credibility finding. (Teng v. Mukasey, 2/14/08) AILA Doc. No. 08040265.
    AILA Doc. No. 08040265.
  • CA1 Finds BIA Did Not Conduct Improper Factfinding in Asylum Case (4/2/2008)
    The court held that the IJ resolved the issue of past persecution and that the BIA did not impugn the IJ’s factual finding, but simply explained why it was supportable. (Rotinsulu v. Mukasey, 2/8/08) AILA Doc. No. 08040262.
    AILA Doc. No. 08040262.
  • CA1 Finds No Due Process Violation; Upholds Negative Credibility Finding (2/27/2008)
    The court held that the BIA did not err in remanding Petitioner’s case to the same IJ where there was no allegation of misconduct, and found nothing improper about the IJ’s conduct at the second hearing. (Yosd v. Mukasey, 1/29/08) AILA Doc. No. 08022766.
    AILA Doc. No. 08022766.
  • CA1 Finds Jurisdiction to Review One-Year Deadline; Denies Asylum (2/27/2008)
    The court found that the asylum application was timely when the deadline fell on a Sunday and the applicant mailed her application the next day. However, it also found that she had not shown past persecution or a well-founded fear. (Jorgji v. Mukasey, 2/24/08) AILA Doc. No. 08022765.
    AILA Doc. No. 08022765.
  • CA1 Holds Attempted Conscription by FARC Is Not a Basis for Asylum (2/21/2008)
    The court held that coercive conscription by the FARC did not trigger an entitlement to asylum, where conscription might be motivated by the desire to fill their ranks and the target might resist for non-political motives. (Tobon-Marin v. Mukasey, 1/8/08) AILA Doc. No. 08022161.
    AILA Doc. No. 08022161.