Philip Levin & Associates

Immigration Law

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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

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

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