ALL POSTS
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 protection1. Federal …
THE STATE OF ASYLUM
A review of precedential decisions issued in the last year of the Trump Presidency Boiled down, immigration law is administrative law. U.S. government agencies in the Executive Branch decide whether a noncitizen must depart …
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 …
Asylum on the Big Screen
Over a year ago, I made a short film titled “Simón” about a Venezuelan freedom fighter seeking asylum in the United States. I was able to screen the film in eight countries throughout Latin …
What Immigration Judges 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 …
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 the difference between individualized persecution claims, and claims …
How To Correct Errors To Avoid Finding 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. Surprisingly, …
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? Frivolous Asylum Defined In …