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Category Archives: Asylum
CA7 remands Nicaraguan withholding of removal
Bd. did not err in denying alien’s asylum application, where said application was untimely, and where alien could only raise question of fact on appeal. However, remand was required with respect to alien’s claim for withholding of removal in which … Continue reading
CA7 remands for reasoned analysis of evidence of past persection in Belarus
Sobaleva entered the U.S. on a student visa and applied for asylum, contending that the Belarusian government persecuted her for her political opinion before she left and likely would do so again if she were to return. She also requested … Continue reading
CA7 finds alien’s continuous presence in the United States ends upon the service of a Notice to Appear on the alien, even if that notice is missing the date and time of the initial hearing.
An alien otherwise inadmissible can be eligible for cancellation of removal if, among other things, he establishes that he “has been physically present in the United States for a continuous period of at least ten (10) years immediately preceding the … Continue reading
CA7 denies withholding to Mexican national as “particular social group” must be linked by something more than persecution
The BIA did not err by finding that an alien failed to identify a valid particular social group within the meaning of the statutes authorizing asylum and withholding of removal; The IJ and the BIA did not err by rejecting … Continue reading
CA7 lacked jurisdiction to review determination that Chinese asylum application was untimely-Chen v. Holder
The appellate court lacked jurisdiction to review the determination that the alien’s asylum application was untimely; The IJ found that Chen did not apply for asylum until March 2008, more than three years after his arrival in the United States. … Continue reading