Category: Asylum, Withholding, CAT

The Administrative Appeals Office published a postive case that addressed burden of proof. Hopefully, USCIS adjudicators will use this case as their guide when deciding cases.  In Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010) it was held that: “In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the […]

The Court of Appeals for the Fifth Circuit in an unpublished decision, agreed with the 8th Circuit and BIA, deeming Wikipedia an unreliable source. Ricky Malik, Esq. www.rmlegal.com

On Tuesday, October 26, 2010 Senior Attorney and Litigator Ricky Malik presented arguments on behalf of a client before the Fourth Circuit Court of Appeals sitting in Richmond, Virginia. The case involved a review of a denial of an asylum, witholding and Convention Against Torture (CAT) claim from the Board of Immigration Appeals.  The client had a genuine fear of returning to his […]

The June 2010 Immigration Law Advisor (a publication by the Immigration Court System) focused heavily on gang based asylum cases.  The publication, whose target audience is Immigration Judges across the U.S., tries to convince the reader of the non-availability of a social group in gang related asylum cases.   It does however end with the belief that there is nonetheless an […]

The Board of Immigration Appeals (BIA) held in Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010): The “one central reason” standard that applies to asylum applications pursuant to section 208(b)(1)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(1)(B)(i) (2006), also applies to applications for withholding of removal under section 241(b)(3)(A) of the Act, 8 U.S.C. § 1231(b)(3)(A) (2006). The […]

ICE press release: “SACRAMENTO, Calif. – Three attorneys for a northern California law firm and their contract interpreter were sentenced to lengthy prison terms Friday following their conviction on charges stemming from an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Office of Homeland Security Investigations (HSI) that revealed they orchestrated a scheme to file hundreds of false asylum claims. […]

The Transactional Records Access Clearinghouse found that the Denial Rate by Immigration Judges have dropped to a 25 year low. A large part for this according to TRAC:  “[T]he total number of asylum requests has been falling, that a higher proportion of asylum seekers are now represented by counsel[.]” To read the report click here. Ricky Malik, Esq. www.rmlegal.com

Matter of X-M-C-, Interim Decision #3693, 25 I&N Dec. 322 (BIA 2010) (1) A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2006), can be made in the absence of a final decision on the merits of the asylum application. (2) Withdrawal of […]

The U.S. Court of Appeals for the Fourth Circuit refused to allow an Immigration Judge and the Board of Immigration Appeals to issue an adverse credibility finding (meaning conclude that an applicant for Asylum & related protections was not believable) based on the facts of someone else’s case. InJian Tao Lin v. Holder, No. 09-1269 (July 12, 2010), the Fourth Circuit […]

The Board of Immigration Appeals addressed how to determine if an asylum claim is frivolous in Matter of B-Y-, ID 3680, 25 I&N Dec. 236 (BIA 2010). The Board held that: In making a frivolousness determination, an Immigration Judge may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the Immigration Judge makes explicit […]