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The main issue before the court is”[w]hether a court of appeals may conclusively presume that an asylum applicant’s testimony is credible and true whenever an immigration judge or the Board of Immigration Appeals adjudicates an application without making an explicit adverse credibility determination. [read post]
19 Feb 2021, 8:38 am by Cecillia Wang
The attorney general oversees the immigration courts and the Board of Immigration Appeals, and the Justice Department lawyers responsible for litigating immigration cases in the federal courts. [read post]
17 Feb 2021, 10:49 am by Caroline Henrie (CA)
Standard of Review In light of the Supreme Court’s recent realignment of the standard of review in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, the Federal Court addressed how the fresh evidence affected the appeal. [read post]
17 Feb 2021, 10:49 am by Caroline Henrie (CA)
Standard of Review In light of the Supreme Court’s recent realignment of the standard of review in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, the Federal Court addressed how the fresh evidence affected the appeal. [read post]
14 Feb 2021, 11:29 am by Venkat Balasubramani
This is an unusual federal appellate ruling interpreting CAN-SPAM because it came to the court from the Board of Immigration Appeals. [read post]
12 Feb 2021, 12:30 pm by John Ross
The vast majority of cases heard by the Board of Immigration Appeals are decided by unpublished opinions. [read post]
10 Feb 2021, 11:34 am by Ryan Mulvey
Board of Immigration Appeals decision issued since 1996, as well as any future ones. [read post]
8 Feb 2021, 5:01 am by Eugene Volokh
" And the court agreed: [I]t appears that the Board of Immigration Appeals ("BIA") (and U.S. [read post]
5 Feb 2021, 12:30 pm by John Ross
In which the Board of Immigration Appeals finds that attempted gang rape, death threats, and physical assaults of family members do not constitute a sufficient "amount of mistreatment" for an asylum application, and the Ninth Circuit says that's actually plenty, thanks. [read post]
5 Feb 2021, 9:54 am by Howard Bashman
“New York Immigrant Advocacy Group’s Open Records Case Revived”: Brian Flood of Bloomberg Law has a report that begins, “An organization that provides legal assistance to immigrants in New York can move forward with its suit seeking access to non-precedential opinions of the Board of Immigration Appeals, after a divided Second Circuit held Friday that federal courts can order government agencies to make certain records available to… [read post]
3 Feb 2021, 5:31 am by Joel R. Brandes
On appeal, the Court must assess whether the record provides a sound and substantial basis to support the Family Court’s determination. [read post]
3 Feb 2021, 5:27 am by Joel R. Brandes
On appeal, the Court must assess whether the record provides a sound and substantial basis to support the Family Court’s determination. [read post]
29 Jan 2021, 12:39 pm by John Ross
The Board of Immigration Appeals denied relief, reasoning that the social group of "former Salvadoran MS-13 members" is too amorphous to warrant such relief. [read post]
21 Jan 2021, 8:30 pm by Jim Sedor
Biden has said he opposed Trump’s efforts to exclude undocumented immigrants, who have historically been included. [read post]
14 Jan 2021, 8:30 pm by Jim Sedor
., lobbyists say they expect lawmakers to find common ground on additional legislation to mitigate the damage of the COVID-19 pandemic and measures dealing with infrastructure projects as well as potentially on immigration and tax policy. [read post]
A coalition of 34 former US Immigration Judges and Members of the Board of Immigration Appeals “who have collectively presided over thousands of immigration cases and appeals,” also filed a brief in support of the immigrant respondents. [read post]
8 Jan 2021, 12:30 pm by John Ross
Sixth Circuit: Probably yes; injunction pending appeal granted. [read post]
6 Jan 2021, 11:38 am by Matt Gluck, Tia Sewell
Court of Appeals for the Ninth Circuit decision to uphold President Trump’s “uninsured ban” which bars the entry of immigrants without approved health insurance. [read post]