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February 18, 2021
TRUMP-APPOINTED ATTORNEYS GENERAL TAKE AIM AT FAMILY-BASED PARTICULAR SOCIAL GROUP ASYLUM CLAIMS
Family membership has long been considered a “prototypical example” of a particular social group (PSG), one of the five protected grounds in the definition of refugee, the basis for asylum status and protection.
By: Mira Naseer & Deborah E. Anker
Jan. 27, 2021
Boiled down, immigration law is administrative law. U.S. government agencies in the Executive Branch decide whether a noncitizen must depart the United States as a matter of law, and if applicable, decide whether to physically remove that noncitizen from this country. Whether acting in a quasi-judicial capacity (immigration judges) or quasi law enforcement (ICE Enforcement and Removal), immigration is a realm where administrative power reigns…
By: Kevin A. Gregg
Nov. 11, 2020
GENDER PER SE AND THE PSG GROUND
Gender-based particular social group (PSG) claims encompass those in which the applicant’s gender is the defining, or one of the defining, fundamental or immutable characteristics (usually also including citizenship or nationality) giving rise to her past persecution or fear of future persecution…
By: Maggie LaPoint & Deborah Anker
Nov. 3, 2020
Over a year ago, I made a short film titled “Simón” about a Venezuelan freedom fighter seeking asylum in the United States…
By: Diego Vicentini
Oct. 21, 2020
WHAT IMMIGRATION LAWYERS ARE LOOKING FOR IN AN ATTORNEY
The doors to Immigration Courts across the country are equipped with peepholes. The peephole has obvious security and administrative purposes. You don’t want to walk into the middle of a heated legal discussion or…
By: Judge Denise Slavin
Oct. 12, 2020
11th CIRCUIT ASYLUM UPDATE: Pattern and Practice Claims, and the Mixed Motive Standard
Recently, the 11th Circuit published a precedent decision dismissing a petition for review of the denial of an asylum application. There is a lengthy discussion about…
By: Mark Prada (Prada Urizar Firm)
Oct. 5, 2020
HOW TO CORRECT ERRORS TO AVOID FINDINGS OF “FRIVOLOUSNESS”
Because the consequences of a frivolous finding render an applicant permanently ineligible for any immigration benefit, a client who has made misrepresentations on an asylum application is walking on very thin ice.
By: Elizabeth R Blandon, Esq. (Blandon Law Firm)
September 21, 2020
WHAT IS A “FRIVOLOUS ASYLUM” AND WHAT ARE ITS CONSEQUENCES?
We have all seen, in the I-589, and heard the frivolous asylum warnings given to applicants for asylum. But what exactly is a frivolous asylum and what are the consequences?
By: Patricia Hernandez (Rotella & Hernandez Firm)
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