Court of Appeals Archives | Levin and Pangilinan PC

BIA Holds That An Asylum Applicant’s Status As A Landowner Does Not Automatically Render Him Or Her A Member Of A Particular Social Group For Purposes Of Asylum And Withholding Of Removal. To Establish A Particular Social Group Based On Landownership, One Must Demonstrate By Evidence In The Record That Members Of The Proposed Group Share An Immutable Characteristic And That The Group Is Defined With Particularity And Is Perceived To Be Socially District In The Society In Question. The Respondent’s Proposed Particular Social Groups – Comprised Of Landowners And Landowners Who Resist Drug Cartels In Guatemala – Are Not Valid Based On The Evidence Of Record.

May 12, 2020 Philip Levin

On February 10, 2020, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a Guatemalan native whose applications for asylum, withholding of removal and CAT relief were… CONTINUE

A Conviction For Dissuading A Witness Under California Penal Code §136.1(b)(1) Is Categorically An Aggravated Felony Obstruction Of Justice Offense Per INA 101(a)(43)(S). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) Followed. The Holding In Matter of Valenzuela Gallardo May Be Applied Retroactively.

December 31, 2019 Philip Levin

On October 18, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent for the second time, finding that his conviction for dissuading a witness… CONTINUE

Board of Immigration Appeals

May 17, 2018 Philip Levin

On April 6, 2018, the Board of Immigration Appeals (BIA or Board) sustained a respondent’s appeal, wherein DHS and appellant had filed a joint brief in support of the appeal,… CONTINUE