On December 12, 2019, the Board of Immigration Appeals (BIA or Board) denied the Respondent’s request for oral argument and dismissed his appeal of an order by the Immigration Judge… CONTINUE
BIA Holds That Torturous Conduct Committed By A Public Official Who Acts “In An Official Capacity,” That Is, “Under Color Of Law,” Is Covered By The Convention Against Torture, But Such Conduct By An Official Who Is Not Acting In An Official Capacity, Known As A “Rogue Official,” Is Not Covered By The Convention. The Key Consideration In Determining If A Public Official Was Acting Under Color Of Law Is Whether He Was Able To Engage In Torturous Conduct Because Of His Government Position Or If He Could Have Done So Without A Connection To The Government.
On December 6, 2019, the Board of Immigration Appeals (BIA or Board) in a lengthy and extensively footnoted decision, dismissed the appeal of a respondent whose applications for political asylum,… CONTINUE
BIA Holds That An Immigration Judge Has The Authority To Dismiss Removal Proceedings Per 8 C.F.R. §239.2(a)(7) Upon A Finding That Respondent Abused The Asylum Process By Filing A Meritless Asylum Application With USCIS For The Sole Purpose Of Seeking Cancellation Of Removal In The Immigration Court.
On May 31, 2019, the Board of Immigration Appeals (BIA or Board) dismissed an appeal by respondents of the granting by an Immigration Judge (IJ) of a DHS motion to… 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
One Seeking Asylum Or Withholding Of Removal Based On Membership In A Particular Social Group (PSF) Must Clearly Delineate The Proposed Group On The Record Before The Immigration Judge (IJ). The BIA Will Generally Not Address A Newly Articulated PSG On Appeal If It Was Not Advanced Before The IJ.
On January 19, 2018, the Board of Immigration Appeals (BIA or Board), in dismissing the appeal of a Honduran citizen, issued a decision which arguably adds to the burden of… CONTINUE