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- Relief Application Waived if Not Filed by IJ’s Deadline, BIA Rules September 11, 2020
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Category Archives: withholding of removal
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
CA7 Remands Withholding Claim to BIA for HIV Positive Gay Man from Mexico
Camarena, a Mexican citizen, was admitted to the U.S. for permanent residence in 1977, at age 10. He did not become a citizen. After a felony conviction for indecent solicitation of a minor, his permanent-residence status was revoked, and he … Continue reading
Jabr v. Holder, Past Persecution, 7th Circuit
For more than two years, members of the Palestinian Islamic Jihad (PIJ), an organization that violently opposes the existence of Israel, tried to recruit Jabr to join their group. Jabr resisted because he is a member of Fatah, a political … Continue reading
Political Asylum, Pakistan, membership in the PML-N, Seventh Circuit
“Mustafa’s attackers were motivated in part by an anti-PML-N political opinion they attributed to him. Mustafa is therefore entitled to a presumption in favor of granting asylum. On remand, the government will have the opportunity to rebut that presumption by … Continue reading
Chen v. Holder-Falun Gong Actvities, past persecution
Chen illegally entered the U.S. in 2006. Shortly thereafter, his wife gave birth to the couple’s second child in China. Chinese authorities then forcibly sterilized her. Chen filed for asylum, withholding of removal, and relief under the Convention Against Torture, … Continue reading
