BIA Holds That Expert Testimony is Evidence, But Only An Immigration Judge Makes Factual Findings. When The Immigration Judge Makes A Factual Finding That Is Not Consistent With An Expert’s… CONTINUE
Sosa Ventura Limited Waiver of Inadmissibility…
BIA Holds That Where One Who Was Previously Present In The U.S. Without Being Admitted Or Parole Has His Or Her Temporary Protected Status (TPS) Terminated, He Or She Remains… CONTINUE
BIA Rules on Claim of Ineffective Assistance of Counsel…
BIA Holds That Attorney’s Acceptance Of Responsibility For Error Does Not Discharge The Disciplinary Authority Complaint Obligation Under Matter Of Lozada, 19 I&N Dec. 637 (BIA 1988), Particularly Where The… CONTINUE
Filing a Frivolous Asylum Claim
BIA Holds That, Absent A Showing Of Prejudice On Account Of Ineffective Assistance Of Counsel, Or A Showing That Clearly Undermines The Validity And Finality Of The Finding, It Is… CONTINUE
AG Erases Duress Exception For Persecutors Seeking Asylum
ATTORNEY GENERAL HOLDS THAT THE PERSECUTOR BAR TO ELIGIBILITY FOR ASYLUM AND WITHHOLDING OF REMOVAL DOES NOT INCLUDE AN EXCEPTION FOR COERCION OR DURESS. DHS DOES NOT HAVE AN EVIDENTIARY… CONTINUE
Marriage Was Fraudulent for Purpose of Evading Immigration
On October 30, 2020, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of an I-130 petitioner who sought to classify her husband as her Immediate Relative spouse…. CONTINUE
Cancellation of Removal
In what may be the 1st pro-respondent decision of the Barr Era, on October 8, 2020, the Board of Immigration Appeals (BIA or Board) sustained an individual’s appeal and terminated… CONTINUE
Expert Testimony in an Immigration Case
On September 25, 2020, the Board of Immigration Appeals (BIA or Board) sustained in part a DHS appeal, remanding the record to the Immigration Judge (IJ) after hearing oral argument;… CONTINUE
Reviewing A Grant Of Asylum
On September 24, 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
Deprived Of A Full And Fair Hearing
On August 31, 2020, in an opinion by newly-appointed Appellate Immigration Judge Stephanie Gorman, previously an Immigration Judge (IJ) with an extremely high asylum denial rate, the Board of Immigration… CONTINUE
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