Set Text Size:

S

S

S

First Circuit

2013 | 2012 | 2011 - 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 - 2003 | 2002 - 1996

  • CA1 Vacates and Remands Asylum Denial for Indonesian Christian(472 KB - 10/31/2014)
    The court vacated the removal order and remanded, finding that the BIA gave an insufficient explanation of why the petitioner failed to demonstrate that she suffered past persecution as a Christian in Indonesia. (Panoto v. Holder, 10/22/14)
    AILA Doc. No. 14103144.
  • CA1 Affirms Grants of Habeas Corpus Relief for Two Petitioners(514 KB - 10/7/2014)
    The court concluded that petitioners were not subject to mandatory detention under INA §236(c) and were entitled to an individualized bail hearing under INA §236(a), because petitioners were not timely detained under any reasonable interpretation of INA §236(c). (Castañeda v. Souza, 10/6/14)
    AILA Doc. No. 14100740.
  • CA1 Affirms Denial of Motion to Reopen(467 KB - 9/29/2014)
    The court found the BIA did not abuse its discretion in denying the motion to reopen, finding petitioner was ineligible for adjustment as he did not voluntarily depart when required and he did not comply with ineffective assistance of counsel requirements. (Taveras-Duran v. Holder, 9/23/14)
    AILA Doc. No. 14092946.
  • CA1 Dismisses Petition for Lack of Jurisdiction(473 KB - 9/16/2014)
    The court held that because the BIA acted pursuant to its discretionary sua sponte authority, it lacked jurisdiction to review the petition. (Guerrero v. Holder, 9/9/14)
    AILA Doc. No. 14091643.
  • CA1 Upholds Asylum Denial for Somali Petitioner(477 KB - 9/5/2014)
    The court denied the petition for review, upholding the IJ and BIA’s adverse credibility determination for the Somali petitioner seeking asylum who used various, inconsistent bases. (Ahmed v. Holder, 9/2/14)
    AILA Doc. No. 14090550.
  • CA1 Says IJ and BIA Did Not Adequately Explain El Salvador TPS Denial(481 KB - 8/14/2014)
    The court vacated and remanded, finding that both the IJ and BIA failed to adequately explain the only finding they expressly made in considering the application for temporary protected status (TPS), which related to the date of petitioner’s entry. (Shul v. Holder, 8/11/14)
    AILA Doc. No. 14081400.
  • CA1 Declines to Review MTR for Christian Asylum Seeker from Indonesia(466 KB - 8/14/2014)
    The court declined to review the motion to reopen (MTR), concluding that the BIA did not abuse its discretion in finding that the petitioner’s new evidence was largely cumulative and thus did not establish changed country conditions in Indonesia. (Sugiarto v. Holder, 8/1/14)
    AILA Doc. No. 14081469.
  • CA1 Remands for BIA to Review IJ’s Factual Error in Salvadoran Asylum Case(461 KB - 8/13/2014)
    The court remanded and asked the BIA to review whether the factual error by the IJ, which related to extortion by a gang in El Salvador, was material or harmless, as well as whether the error affected the petitioner’s asylum claim. (Perez v. Holder, 7/30/14)
    AILA Doc. No. 14081300.
  • CA1 Declines to Review Withholding Denial for Guatemalan Petitioner(473 KB - 8/13/2014)
    The court declined to review the withholding of removal denial, holding that substantial evidence supported the BIA’s findings that the petitioner did not establish past persecution or a clear probability of future persecution by the Guatemalan guerillas. (Bedoya v. Holder, 7/30/14)
    AILA Doc. No. 14081366.
  • CA1 Remands Asylum Denial for Mayan Quiché Petitioner from Guatemala(511 KB - 8/6/2014)
    The court vacated and remanded the asylum denial, finding that the petitioner showed his Mayan Quiché identity was at least one central reason why he and his community were targeted by the Guatemalan army. (Ordonez-Quino v. Holder, 7/23/14)
    AILA Doc. No. 14080647.
  • CA1 Declines to Review Asylum Denial for Guatemalan Child Fleeing Gang Violence(463 KB - 8/4/2014)
    The court declined to review the asylum denial, finding that the petitioner failed to establish a viable nexus between the identified persecution and his claimed social group of abandoned Guatemalan children lacking protection from gang violence. (Guerra v. Holder, 7/29/14)
    AILA Doc. No. 14080442.
  • CA1 Finds Petitioner Did Not Demonstrate Good Faith Needed for Hardship Waiver(465 KB - 8/4/2014)
    The court declined to review the denial of the waiver to remove conditions, finding the petitioner failed to establish that he entered into his marriage in good faith, as the record lacked detail and lacked evidence of commingling finances and cohabitation. (Lamim v. Holder, 7/29/14)
    AILA Doc. No. 14080441.
  • CA1 Says BIA Did Not Err in Holding Petitioner to Attorney Concessions of Removability(490 KB - 7/29/2014)
    The court found petitioner failed to demonstrate his attorney’s concessions of removability were so egregious as to warrant releasing him from those concessions and the BIA did not err in determining he was removable based upon his 2009 conviction for a CIMT. (Lima v. Holder, 7/8/14)
    AILA Doc. No. 14072945.
  • CA1 Declines to Review Withholding Denial for Petitioner from Brazil(472 KB - 7/28/2014)
    The court upheld the BIA’s finding that the petitioner feared harm in Brazil as a result of a personal dispute and not on account of membership in his immediate family or as part of the social group of people who help Brazilian women escape violent relationships. (Moura v. Holder, 7/14/14)
    AILA Doc. No. 14072846.
  • CA1 Finds Activity Before and After Marriage Is Relevant to Good Faith Inquiry(472 KB - 7/28/2014)
    The court found that the petitioner, who applied for a waiver to remove conditions after her divorce, failed to meet the good faith burden, as activity before and after the moment of marriage was relevant to the inquiry. (Lin v. Holder, 7/14/14)
    AILA Doc. No. 14072860.
  • CA1 Says Connecticut Child Pornography Conviction Is an Aggravated Felony(493 KB - 7/23/2014)
    The court denied the petition, finding the BIA correctly concluded that it necessarily established that the conviction of possession of child pornography under §53a-193(13)(2003) of the Connecticut statute was an aggravated felony under INA §101(a)(43)(I). (Kaufmann v. Holder, 7/14/14)
    AILA Doc. No. 14072350.
  • CA1 Declines to Review Adjustment Denial for Lack of Jurisdiction(495 KB - 7/23/2014)
    The court dismissed for lack of jurisdiction, finding the IJ properly exercised her discretion in denying the adjustment application, considering the child abuse reports and a criminal charge, and petitioner presented no legal argument to undermine that result. (Jaquez v. Holder, 7/15/14)
    AILA Doc. No. 14072349.
  • CA1 Finds Salvadoran Petitioner Failed to Show Causation in Asylum Claim(469 KB - 7/23/2014)
    The court found that although the nuclear family can be a social group that is the target of persecution, the petitioner, a mother of three sons resisting gang violence in El Salvador, failed to show she would be persecuted as a result of her kinship. (Constanza v. Holder, 7/9/14)
    AILA Doc. No. 14072347.
  • CA1 Declines to Review New Evidence Not Presented First to BIA(473 KB - 7/11/2014)
    The court denied the petition for review, finding the BIA did not abuse its discretion in denying the motion to reopen and it did not have jurisdiction to consider new evidence relating to persecution by the Taliban in Pakistan that was not presented to the BIA. (Shah v. Holder, 7/2/14)
    AILA Doc. No. 14071100.
  • CA1 Finds BIA Committed Legal Error on “On Account of” Element of Guatemalan Asylum Claim(490 KB - 7/9/2014)
    The court found the factual record did not preclude and would even allow the BIA to find that petitioners were members of a particular social group by virtue of their family relationship, without any need to show a further protected ground. (Aldana-Ramos v. Holder, 6/27/14, amended 8/8/14)
    AILA Doc. No. 14070945.
  • CA1 Finds BIA Did Not Conduct Thorough CIMT Analysis and Remands(470 KB - 7/8/2014)
    The court found the BIA did not conduct a thorough analysis in finding that shoplifting under Mass. Gen. Laws Ch. 266, §30A was a crime involving moral turpitude (CIMT), as it should have applied a categorical approach and analysis of the MA law instead of PA law. (Mejia v. Holder, 6/25/14)
    AILA Doc. No. 14070844.
  • CA1 Declines to Review Second Motion to Reopen for Petitioner from China(480 KB - 5/19/2014)
    The court found the BIA did not abuse its discretion in concluding that the petitioner’s evidence as to population control measures “in some areas of China” was insufficient to establish either a likelihood of persecution or materially changed circumstances. (Lin v. Holder, 5/14/14)
    AILA Doc. No. 14051949.
  • CA1 Declines to Review Petition for Guatemalan Petitioner(464 KB - 5/16/2014)
    The court declined to review the withholding denial, upholding the BIA’s decision that concluded that “individuals perceived as wealthy on account of their return to Guatemala from lengthy stays in the U.S.” did not constitute a particular social group. (Sam v. Holder, 5/14/14)
    AILA Doc. No. 14051650.
  • CA1 Denies Motion to Reopen (MTR) for Indonesian Christian(463 KB - 5/16/2014)
    The court declined to review the MTR denial on the basis of changed country conditions, finding the BIA did not abuse discretion when finding the evidence presented did not address a particular or individualized risk of harm if petitioner returned to Indonesia. (Simarmata v. Holder, 5/12/14)
    AILA Doc. No. 14051649.
  • CA1 Declines to Reopen Removal Proceedings for Haitian Petitioner Granted TPS(462 KB - 5/14/2014)
    The court declined to reopen removal proceedings for the Haitian petitioner, holding the BIA correctly ruled that the temporary protected status (TPS) relief only served to prevent execution of the removal order and it did not affect the validity of the order. (Donnee v. Holder, 5/9/14)
    AILA Doc. No. 14051442.
  • CA1 Declines to Review Asylum Denial for Sikh Petitioner from India(466 KB - 5/5/2014)
    The court denied the petition for review, affirming the BIA and IJ’s conclusions that the petitioner lacked a well-founded fear of future persecution, given his ability to move to Delhi and remain in India for several months without further harassment or arrest. (Singh v. Holder, 4/30/14)
    AILA Doc. No. 14050545.
  • CA1 Agrees with BIA that Petitioner’s Third Motion to Reopen (MTR) Was Untimely(465 KB - 5/1/2014)
    The court held the BIA acted within its discretion in finding that the petitioner’s third MTR was untimely, noting that petitioner did not demonstrate due diligence relating to his in absentia removal order to permit consideration of equitable tolling. (Wang v. Holder, 4/30/14)
    AILA Doc. No. 14050150.
  • CA1 Declines to Review Asylum Denial for Petitioner from Nepal(510 KB - 4/30/2014)
    The court denied the petition to review the asylum denial, finding that the record evidence did not amount to past persecution, even though the Maoists also may have threatened the Nepali petitioner with a gun during the isolated event. (Thapaliya v. Holder, 4/24/14)
    AILA Doc. No. 14043042.
  • CA1 Declines to Reopen Removal Proceedings for Sri Lankan Asylum Seeker(517 KB - 4/22/2014)
    The court denied the petition to review the denial of the second motion to reopen, finding petitioner did not show that evidence of Sri Lanka’s history of torturing returned asylum seekers was unavailable and undiscoverable at the time of her removal proceedings. (Perera v. Holder, 4/22/14)
    AILA Doc. No. 14042259.
  • CA1 Declines to Review Asylum Denial for Colombian Petitioner(472 KB - 4/22/2014)
    The court held that the Colombian petitioner did not establish past persecution or a well-founded fear of future persecution and thus found the petitioner’s asserted social group of widows of slain narco-traffickers moot. (Moreno v. Holder, 4/18/14)
    AILA Doc. No. 14042257.
  • CA1 Declines to Review MTR for Christian Indonesians Seeking Asylum(474 KB - 4/7/2014)
    The court denied the petition to review the motion to reopen (MTR) the asylum denials, finding that Christian Indonesian petitioners failed to demonstrate error sufficient to warrant reopening of their removal proceedings. (Marsadu v. Holder, 4/4/14)
    AILA Doc. No. 14040743.
  • CA1 Upholds Cancellation of Removal Denial(479 KB - 2/19/2014)
    The court denied the petition in part and dismissed in part for lack of jurisdiction, upholding the cancellation of removal denial based on the lack of hardship the U.S.-born gifted son would suffer if the parents were removed to Guatemala. (Alvarado v. Holder, 2/14/14)
    AILA Doc. No. 14021956.
  • CA1 Dismisses Petition to Review Waiver Denials for Lack of Jurisdiction(471 KB - 1/23/2014)
    The court lacked jurisdiction to review the IJ and BIA’s discretionary waiver denials based on “extreme hardship” and “good faith” under INA §216(c)(4) of the joint filing requirement for removal of conditions on permanent residency. (Lopez v. Holder, 1/17/14)
    AILA Doc. No. 14012355.
  • CA1 Upholds Denial of MTR for Guatemalan Teacher Seeking Asylum(476 KB - 1/23/2014)
    The court denied the petition for review, upholding the BIA’s denial of the motion to reopen (MTR) the removal proceedings, because the new evidence did not prove persecution in Guatemala was on account of teachers’ public teaching and opposition to gangs. (Rosales v. Holder, 1/15/14)
    AILA Doc. No. 14012353.
 
Copyright © 1993–2014, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005
Copyright & Reprint Policy
Contact Us