Hamed Aleaziz, New York Times, Oct. 4, 2024 (gift link) "The Biden administration said Friday it would allow the temporary legal permission for migrants from Cuba, Venezuela, Haiti, and Nicaragua...
Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”...
CGRS, Oct. 1, 2024 "Last night, a federal judge ruled in a case challenging the Biden administration’s policy of turning back asylum seekers who approach ports of entry along the southern...
Northwest Immigrant Rights Project and National Immigration Litigation Alliance, Oct. 2, 2024 " FREE WEBINAR Today, Oct. 2 from 3-4pm Eastern, 2-3pm Central, 12-1 Pacific On September 26, a U...
USCIS, Oct. 2, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance in our Policy Manual to further clarify the types of evidence that we may evaluate to determine eligibility...
Estrada-Martinez v. Lynch, Dec. 31, 2015- "Estrada is not eligible for withholding of removal because he was convicted in an Illinois state court of statutory rape in 1996, and the Board has characterized his conviction as “particularly serious.” Committing a crime that the Attorney General deems “particularly serious” bars withholding of removal under the Act and the Convention. We do not have jurisdiction to review that discretionary judgment unless a petitioner presents a legal or constitutional question, and Estrada’s attempt to frame his challenge to the “particularly serious crime” determination as a legal issue is not persuasive.
Estrada may well be eligible, however, for deferral of removal under the Convention. As noted, the immigration judge found it more likely than not that Estrada will be tortured if he is removed to Honduras. The Board was required to review that factual finding only for clear error, not de novo. 8 C.F.R. § 1003.1(d)(3)(i); Matter of Z-Z-O-, 26 I. & N. Dec. 586, 590 (BIA 2015). In this case the Board failed to apply the clear error standard of review, so we reverse the Board with respect to Estrada’s request for deferral of removal. We remand for reconsideration of the immigration judge’s decision under the correct standard of review."