Al Omaisi v. Garland "On this record, the BIA’s summary conclusion that Al Omaisi did not present evidence indicating an objectively reasonable fear of future persecution is insufficient for us confidently to conclude that the BIA acted within its...
Espinoza-Ochoa v. Garland "Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that "constitute[d] persecution." But the agency concluded...
Mona Iman, Robyn Barnard, Shala Gafary, Human Rights First, Dec. 22, 2023 "Mohammad is an Afghan citizen of the Hazara ethnic minority and Shi’a religion, who fled Afghanistan after repeated threats to his life following the Taliban’s consolidation...
When the BIA issued Matter of M-R-M-S- on Dec. 1, 2023 advocates were troubled. Responding to the challenge, two experts have posted these practice advisories: 1. Victoria Neilson, NIPNLG, Dec. 21, 2023 2. Jeffrey S. Chase, Dec. 24, 2023
Sebastian-Sebastian v. Garland "[T]he Board found that Sebastian-Sebastian failed to demonstrate a nexus between her particular social groups and the harm she faced. In its denial of CAT protection, the Board found that Sebastian-Sebastian failed to demonstrate...
Seth Freed Wessler, New York Times, Dec. 6, 2023 "People intercepted at sea, even in U.S. waters, have fewer rights than those who come by land. “Asylum does not apply at sea,” a Coast Guard spokesman told me. Even people who are fleeing violence...
ABA, Dec. 4, 2023 "American Bar Association President Mary Smith wrote to the U.S. Senate to urge senators to continue working towards bipartisan solutions to the difficult challenges presented at the U.S. southern border. However, the ABA would oppose including...
Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family membership is incidental or subordinate to that other ultimate...
Jordan Vonderhaar, Texas Observer, Nov. 21, 2023 "Forty miles south of Ciudad Juárez, protected from the glaring desert sun by a blanket tied to a ladder, a mother nurses her nine-month-old son as the sun rises on their fifth day aboard the train...
Miriam Jordan, New York Times, Nov. 28, 2023 "The story of the Miskito who have left their ancestral home to come 2,500 miles to the U.S.-Mexico border is in many ways familiar. Like others coming from Central and South America, they are fleeing failed states...
Susan Dunlap, NM Political Report, Nov. 7, 2023 "An immigrant advocacy center found that when their staff were able to provide legal representation or help to immigrants facing credible fear interviews, the immigrant outcomes improved considerably. Las Americas...
Ethan Stark-Miller, AM New York, Nov. 5, 2023 "A migrant’s current legal status in large part depends on how the individual entered the country. According to immigration lawyer Stephen Yale-Loehr , there are several ways that new arrivals typically...
Alyssa Aquino, Law360, Oct. 31, 2023 "The Biden administration will provide temporary immigration protections to migrants who challenged a Trump-era policy that forced them to wait in Mexico while their asylum claims were processed in exchange for the lawsuit's...
Melissa del Bosque, The Border Chronicle, Oct. 31, 2023 "Muzzafar Chishti, a lawyer, is a senior fellow at the nonpartisan Migration Policy Institute (MPI) and director of MPI’s office at New York University School of Law. He specializes in immigration...
Safe Harbor Clinic, Brooklyn Law School "The New York Asylum Office is one of 11 asylum offices around the country. Year after year, the New York Asylum Office grants asylum at one of the lowest, if not the lowest rates in the country, significantly lower...