On July 14, 2020, U.S. Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA or Board) to refer the instant case to him for review of it’s… CONTINUE
Attorney General Holds That BIA Should Consider De Novo The Application Of Law To The Facts Of This Case, Including Whether The Deprivation That Respondent Would Be Likely To Encounter Upon Removal To Mexico Would Constitute “Torture” Within The Meaning Of The Department Of Justice Regulations Implementing The Convention Against Torture (CAT). To Constitute “Torture” Under These Regulations, An Act Must, Among Other Things, Be Specifically Intended To Inflict Severe Physical Or Mental Pain Or Suffering. 8 C.F.R. §1208.18(a)(5). Additionally, Torture Does Not Cover Negligent Acts Or Harm Stemming From A Lack Of Resources. To Constitute “Torture”, An Act Must Also Be Motivated By Such Purposes As Obtaining From Him Or Her Or A Third Person Information Or A Confession, Punishing Him Or Her For An Act He Or She Or A Third Person Has Committed Or Is Suspected Of Having Committed, Or Intimidating Or Coercing Him Or Her Or A Third Person, Or For Any Reason Based On Discrimination Of Any Kind.
On February 26, 2020, U.S. Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA or Board) to refer the instant case to him for review of its… CONTINUE
Attorney General Barr Holds That In Matter Of L-E-A-, 27 I&N Dec. 40 (BIA 2018), The BIA Improperly Recognized The Respondent’s Father’s Immediate Family As A “Particular Social Group” (PSG) For Purposes Of Qualifying For Asylum Under The INA. All Asylum Applicants Seeking to Establish Membership In A PSG, Including Groups Defined By Family Or Kinship Ties, Must Establish That The Group Is 1) Composed Of Members Who Share A Common Immutable Characteristic; 2) Defined With Particularity; 3) Socially Distinct Within The Society In Question. While The BIA Has Recognized Certain Clans And Subclans as PSGs, Most Nuclear Families Are Not Inherently Socially Distinct And Therefore Do Not Qualify As PSGs. The Portion Of The BIA’s Decision Recognizing The Respondent’s Proposed PSG Is Overruled (Matter Of L-E-A, Part II. A). The Rest Of The BIA’s Decision Including Its Analysis Of The Required Nexus Between Alleged Persecution And The Alleged Protected Ground, Is Affirmed (Part II.B).
On July 29, 2019, Attorney General (AG) William Barr issued a decision in a case decided in 2018 by the Board of Immigration Appeals (BIA or Board) where most recently,… CONTINUE
Recent Attorney General Sessions Holdings re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014)
Attorney General Sessions Holds re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014): Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) Was Wrongly Decided And Is Overruled; One… CONTINUE
Attorney General Sessions Denies Request Of DHS That He Suspend Briefing Schedules And Clarify Question Presented And Grants, In Part, Parties Request For Extension Of Deadline For Submitting Briefs.
On March 30, 2018, Attorney General Sessions issued an order addressing requests from both parties in a case he had previously referred to himself for review. The parties had been… CONTINUE
