Cancellation of Removal 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

BIA Holds That The Categorical Approach Does Not Govern Whether Violation Of A Protection Order Renders One Ineligible For Cancellation Of Removal

October 5, 2018 Philip Levin

BIA Holds That The Categorical Approach Does Not Govern Whether Violation Of A Protection Order Per INA §237(a)(2)(E)(ii) Renders One Ineligible For Cancellation Of Removal Under INA §240A(b)(1)(C); Instead, Immigration… CONTINUE