Category Archives: Convention Against Torture

Matter of O-Y-A-E- (BIA 2025): BIA Clarifies Convention Against Torture Standard—Old Threats Alone Are Not Enough

Posted on August 23, 2025 by Mike Baker

BIA Tightens CAT Protection: Matter of O-Y-A-E- Read the official opinion: Matter of O-Y-A-E-, 29 I&N Dec. 190 (BIA 2025) Quick Overview New Precedent: General threats and countrywide danger no longer qualify for protection under the Convention Against Torture (CAT) … Continue reading →

Posted in Asylum, Board of Immigration Appeals, Convention Against Torture, matter-of-o-y-a-e-bia-2025-cat-standard-old-threats-not-enough | Leave a comment

CA7 affirms BIA finding that native of El Salvador did not meet burden of demonstrating a nexus between alleged persecution and his proposed social groups of wealthy deportees or gang resisters.

Posted on July 30, 2017 by Mike Baker

BIA did not err in affirming IJ’s denial of alien’s (citizen of El Salvador) asylum and withholding of removal applications, alleging that gang in El Salvador subjected him to past persecution on account of his membership in social groups of … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, membership in a particular social group, Nexus between persecution and social groups, particular social group, past persecution, political asylum | Leave a comment

CA7 finds BIA sua sponte remand did not reopen request for 212(c) relief but upholds deferral of removal under CAT for Iraq national

Posted on September 15, 2016 by Mike Baker

Turkhan, born in 1960 in Iraq, entered the U.S. in 1979, eventually becoming a legal permanent resident. He is an Assyrian Christian, has not left the U.S. since 1979, is married to a U.S. citizen, and is the father of … Continue reading →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, Convention Against Torture | Leave a comment

CA7 upholds IJ finding that family members perceived as having money is not ‘membership in a particular social group’

Posted on August 30, 2016 by Mike Baker

Record contained sufficient evidence to support IJ’s denial of alien’s application for withholding of removal to Mexico based on his proposed social group of Mexican nationals whose family members have suffered persecution at hands of Zetas gang and other drug … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, membership in a particular social group, withholding of removal | Leave a comment

CA7 grants withholding of removal for citizen of Botswana and female genital mutilation (FGM) claim

Posted on April 2, 2016 by Mike Baker

Ct. of Appeals lacked jurisdiction to consider alien’s appeal of Bd.’s denial of her asylum application, where basis of denial was Bd.’s finding that said application was untimely as being filed more than one year after her arrival in U.S. … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, female genital mutilation (FGM), withholding of removal | Leave a comment