Inestroza-Antonelli v. Barr "Marisela Inestroza-Antonelli, a native Honduran citizen, filed a motion to reopen her removal proceedings on the basis of changed country conditions in Honduras. She relied in part on the alleged dismantling of institutional...
Atemnkeng v. Barr "In her petition for review, she raises several claims, most notably, that her due process rights were violated when the Baltimore IJ deprived her of an opportunity to testify on remand. Concluding that Atemnkeng’s claim related to her...
Matter of SIngh, 27 I&N Dec. 598 (BIA 2019) (1) The standard of proof necessary to bar the approval of a visa petition based on marriage fraud under section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2012), is “substantial and probative...
Ali v. Atty. Gen. "All in all, the Board’s opinion in this case is a classic example of a decision that is incapable of review due to a lack of reasoned consideration. Its failure to discuss “highly relevant” evidence, see Min Yong Huang, 774 F.3d at 1349...
Pablo Lorenzo v. Barr "Because the BIA failed to properly evaluate Pablo’s undisputed, reasonably specific evidence, and because it applied the wrong legal standards with respect to his motion to reopen based on changed country conditions, we reverse and...
Arrazabal v. Barr "This matter is before this court for a second time on Francisco Arrazabal’s pending requests for withholding of removal and protection under the Convention Against Torture (“CAT”). Arrazabal contends that he faces the likelihood of continued...
Orellana v. Barr "Ruth Jeanette Orellana, a native and citizen of El Salvador, petitions for review of the final order of the Board of Immigration Appeals (“BIA”) denying her all relief from deportation. The BIA upheld the finding of an immigration...
Hernandez-Perez v. Whitaker - "Leonel Hernandez-Perez originally applied for cancellation of removal based on hardship that his removal would cause his U.S. citizen daughter, L. After that application was denied, he filed a motion to reopen removal proceedings...
David Martin, Ken Masters, and Joe Morrison, NW Lawyer, July 2018 - "The Washington Supreme Court adopted ER 413, which strictly limits the use of immigration-status evidence in judicial proceedings, last year. The rule, which takes effect Sept. 1, 2018, will...
Matter of Rehman, 21 I&N Dec. 124 (BIA 2017) - Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all...
Patel v. Sessions, Aug. 22, 2017 - "We conclude that the BIA erred in affirming the IJ’s admission of Nilesh’s affidavit and the USCIS report without granting Patel’s request for a subpoena or otherwise providing Patel the opportunity to cross-examine Nilesh...
Agonafer v. Sessions, June 23, 2017 - "[T]he BIA abused its discretion by disregarding or discrediting the undisputed new evidence submitted by Agonafer regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the...
García-Cruz v. Sessions, May 26, 2017 - "There is significant evidence in the record supporting a conclusion that relocation would be unreasonable. But García-Cruz has understandably focused on the BIA's failure to properly analyze the reasonableness factors...
Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017) - Where the record contains some evidence from which a reasonable factfinder could conclude that one or more grounds for mandatory denial of an application for relief may apply, the alien bears the burden under 8...
Rodriguez-Quiroz v. Lynch, Aug. 31, 2016 - "Francisco Rodriguez-Quiroz, a native and citizen of Mexico, was charged with being subject to removal as an alien present in the United States without inspection and without admission or parole. Following a total...