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Category Archives: Asylum
CA7 affirmed denial of asylum and withholding for Mexican national
In 1991, Lopez, age 12, illegally entered the U.S. He has not returned to Mexico, although his sister still lives in the neighborhood where he grew up. In 2009, Lopez was charged with dealing and possessing illegal drugs. He pled … Continue reading
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