faced persecution in both Moscow and St. Petersburg, and the murders mentioned above

Size: px
Start display at page:

Download "faced persecution in both Moscow and St. Petersburg, and the murders mentioned above"

Transcription

1 persists throughout. See supra STATEMENT OF COUNTRY CONDITIONS. CLIENT has himself faced persecution in both Moscow and St. Petersburg, and the murders mentioned above took place outside of these urban areas, highlighting how pervasive homophobic hate crimes are throughout the entire country. 8 C.F.R (b)(3)(ii); Tu Kai Yang v. Gonzales, 427 F.3d 1117, 1122 (8th Cir. 2005). E. CLIENT s Marriage and the Recent Deterioration of Country Conditions in Russia Constitute Changes in Circumstances that Should Excuse His Failure to Apply for Asylum Within One Year of Arriving in the United States. CLIENT understands that, although he meets the definition of a refugee and is eligible for asylum on that basis, the INA also requires that he apply for protection within one year of their most recent entry to the United States. See 8 U.S.C. 1158(a)(2)(B). He does not contend that he met this filing deadline, but instead maintains that changed circumstance materially affecting his eligibility for asylum justify his delay in filing. 1. CLIENT s Recent Marriage Constitutes a Changed Circumstance. Changed circumstances include circumstances materially affecting the applicant s eligibility for asylum. 8 C.F.R (a)(4)(i)(B). An applicant s material individual life changes can be relied upon to demonstrate a change in circumstances. See Id. (recognizing that activities the applicant becomes involved in outside the country of feared persecution qualify as changes in circumstances.) A change in circumstances is material if it is an effect that increases, in a non trivial way, the applicant s likelihood of success in his application. Vahora v. Holder, 641 F.3d 1038, 1044 n.4 (9th Cir. 2011). The change in circumstances need not, standing alone, provide an independent basis for granting asylum. Pre Hearing Statement CLIENT A

2 CLIENT s marriage to his husband on August 23, 2011, constitutes a change in circumstances. CLIENT s new status as a married gay man makes him a more likely target for homophobic threats and violence in Russia for at least two reasons. First, it will make it more difficult for him to live his life as an openly gay man, especially if he wants to continue his relationship with his husband. The simple act of walking down the street hand in hand will put CLIENT at risk of violence and persecution. In addition, his marriage is likely to be seen as a direct contravention of the most recent wave of anti gay legislation. Although the aims of that legislation are broad and dangerously vague, the objective evidence in the record shows that one of the clear aims of these laws outlawing gay propaganda is to curb behavior that is likely to be viewed as interfering with traditional family values. See supra STATEMENT OF COUNTRY CONDITIONS; Ex. JJ. A same sex marriage flies in the face of this legislation and thus constitutes a change in circumstances. 2. Notwithstanding CLIENT s Recent Marriage, the Recent Wave of Anti Gay Legislation also Constitutes a Change in Circumstances. A material deterioration of the country conditions in an applicant s home country can also constitute a change in country conditions and excuse an applicant s failure to file for asylum within one year of arriving in the United States. 8 C.F.R (a)(4)(i)(A). The sudden and dramatic deterioration of conditions for LGBT individuals falls in this category because it makes it clear that Russian society as regressed on LGBT issues. In February 2012 the city of St. Petersburg, CLIENT s home town, passed a law outlawing anti gay propaganda. See supra STATEMENT OF COUNTRY CONDITIONS. By the Pre Hearing Statement CLIENT A

3 time the law took effect in late March, similar laws had popped up in other regions of the country, and one had even passed in the lower house of the national parliament. See id. The full effect of this law remains to be seen, but its implications are significant. It is the most aggressive and blatant effort to date by the Russian government to marginalize gay individuals. See id.; Ex. JJ. This law will effectively force LGBT individuals to keep all aspects of their relationships hidden from public view. Walking down the street holding hands with someone of the same sex could now lead to fines. So too could a person s decision to wear clothes that promote LGBT activities. See Ex. JJ. With these relatively innocent activities now outlawed, there is no way that CLIENT could live with his husband or attend gay pride events because these sorts of behavior will almost certainly fall under the ambit of the laws outlawing gay propaganda. Although Russia was an unfriendly place for people to be gay even before these incidents, this court should recognize that these developments mark a significant and unprecedented turn for the worse and are sufficiently drastic to constitute a change in circumstances materially affecting CLIENT s eligibility for asylum. 3. CLIENT Applied for Asylum Within a Reasonable Period Given These Changes in Circumstances. CLIENT has also demonstrated that he applied for asylum within a reasonable period of time after the change in his circumstances. See 8 C.F.R (a)(4)(ii); Taslimi v. Holder, 590 F.3d 981, 984 (9th Cir. 2010). CLIENT and CLIENT S PARTNER married in August 2011, and he submitted his application for asylum just two months later. As his Pre Hearing Statement CLIENT A

4 affidavit and testimony make clear, it was his relationship with CLIENT S PARTNER that made CLIENT appreciate the risk that he would be facing if forced to return to Russia. And for the first time, he also understood how that risk would affect someone else, his husband. As CLIENT s relationship with CLIENT S PARTNER became increasingly serious, he was prompted to reinvestigate his ability to legalize his status in the United States. He decided to approach current counsel for a consultation even though a different immigration lawyer one who failed to inquire as to CLIENT s sexual orientation or fear of returning to Russia had concluded that there was no basis for him to remain in the United States. 2 Given the timing of these events, and given that CLIENT applied for asylum just two months after getting married, this court should conclude that he applied with a reasonable period of time of this change in circumstances. In addition, the deterioration in country conditions in Russia, which makes CLIENT s fear of returning even more significant, is ongoing and extremely recent. The law that took effect in St. Petersburg happened after CLIENT applied for asylum, and conditions appear to be growing worse on a near daily basis. Even though this change happened after CLIENT applied for asylum it is nonetheless qualifies as a material change in circumstances because it significantly strengthens his overall asylum case. See Vahora, CLIENT suffered from an unfortunately common occurrence in which immigration lawyers fail to inquire about an individual s sexual orientation or consider it as a basis for an asylum claim. See Neilson & Morris, The Gay Bar: The Effect of the One Year Filing Deadline on LGBT/H Foreign Nationals Seeking Asylum or Withholding of Removal, 8 N.Y. CITY L. REV. 601 (2005). Although CLIENT acknowledges that ignorance of the law is generally insufficient to excuse failure to meet the one year filing deadline, counsel nonetheless asks the court to consider this factor when evaluating the timing of CLIENT s application. Pre Hearing Statement CLIENT A

5 F.3d at 1044 (explaining that an event that makes it materially more likely that a person will prevail is a change in circumstances, even if the applicant had a viable asylum claim before the change in circumstances.) Accordingly, this court should conclude that the recent deterioration in country conditions in Russia, especially when coupled with CLIENT s recent marriage to CLIENT S PARTNER constitutes a chance in circumstances sufficient to merit a grant of asylum. F. CLIENT Merits Asylum in the Exercise of Discretion. When deportation to a country where the alien may be persecuted is a strong possibility... discretionary factors should be carefully evaluated in light of the unusually harsh consequences which may befall an alien who has established a well founded fear of persecution; the danger of persecution should generally outweigh all but the most egregious of adverse factors. Matter of Pula, 19 I. & N. Dec. Dec 467 (BIA 1987). CLIENT does not have any criminal convictions, and there are no other adverse factors to suggest that he is undeserving of asylum in the exercise of discretion. Given the extreme threat to his safety that removal to Russia would pose, this court should exercise its discretion in favor of a grant of asylum. CLIENT s relationship to CLIENT S PARTNER is another factor weighing in favor of the positive exercise of discretion. CLIENT S PARTNER and CLIENT are married, and in many respects, CLIENT is a caretaker for his husband, whose fibromyalgia can sometimes be debilitating. But for the discriminatory, unconstitutional provision in DOMA that renders their marriage unrecognizable for immigration purposes, CLIENT would be Pre Hearing Statement CLIENT A

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE CHICAGO, ILLINOIS

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE CHICAGO, ILLINOIS Keren Zwick, Attorney National Immigrant Justice Center 208 S. LaSalle Street, Suite 1818 Chicago, IL 60604 NOT DETAINED UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE

More information

Introduction to Asylum Law Based on Sexual Orientation and/or Gender

Introduction to Asylum Law Based on Sexual Orientation and/or Gender Introduction to Asylum Law Based on Sexual Orientation and/or Gender December 1, 2010, 5:30-7:00 P.M. 1.5 General CLE Credits Presenter: Amie D. Miller, Esq., Law Offices of Amie D. Miller Introduction

More information

Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-

Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B- U.S. Citizenship and Immigration Services Washington, DC 20529-2100 July 11, 2018 PM-602-0162 Policy Memorandum SUBJECT: Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 11-2771 Mary Mwihaki Hamilton, * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. Eric H. Holder,

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 13-3849 AIMIN YANG, Petitioner, v. ERIC H. HOLDER, JR., Attorney General of the United States, Respondent. On Petition for Review of an

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT *

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * ROSA AMELIA AREVALO-LARA, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit May 4, 2018 Elisabeth A. Shumaker Clerk of Court Petitioner, v. JEFFERSON

More information

Matter of M-A-F- et al., Respondents

Matter of M-A-F- et al., Respondents Matter of M-A-F- et al., Respondents Decided August 21, 2015 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) Where an applicant has filed an asylum application

More information

Aggravated Felonies: An Overview

Aggravated Felonies: An Overview Aggravated Felonies: An Overview Aggravated felony is a term of art used to describe a category of offenses carrying particularly harsh immigration consequences for noncitizens convicted of such crimes.

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 04-1709 Jose Salkeld, * * Petitioner, * * v. * Petition for Review of an Order * of the Board of Immigration Appeals. Alberto Gonzales, 1 Attorney

More information

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Petitioner, v. No ERIC H. HOLDER, JR., * United States Attorney General,

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Petitioner, v. No ERIC H. HOLDER, JR., * United States Attorney General, FILED United States Court of Appeals Tenth Circuit April 21, 2009 PUBLISH Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT TARIK RAZKANE, Petitioner, v. No. 08-9519 ERIC

More information

Flor Bermudez, Esq. Transgender Law Center P.O. Box Oakland, CA (510)

Flor Bermudez, Esq. Transgender Law Center P.O. Box Oakland, CA (510) Flor Bermudez, Esq. Transgender Law Center P.O. Box 70976 Oakland, CA 94612 (510) 380-8229 DETAINED UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW BOARD OF IMMGRATION APPEALS

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals No. 07-3666 For the Seventh Circuit ALI AIOUB, v. Petitioner-Appellant, MICHAEL B. MUKASEY, Attorney General of the United States, Respondent-Appellee. Petition for

More information

Carrera-Garrido v. Atty Gen USA

Carrera-Garrido v. Atty Gen USA 2009 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-26-2009 Carrera-Garrido v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 07-2321 Follow

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-60638 Document: 00513298855 Page: 1 Date Filed: 12/08/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT PAUL ANTHONY ROACH, v. Petitioner, United States Court of Appeals Fifth Circuit

More information

United States Court of Appeals FOR THE EIGHTH CIRCUIT

United States Court of Appeals FOR THE EIGHTH CIRCUIT United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-1573 Daniel Shahinaj, * * Petitioner, * * Petition for Review of a Final v. * Decision of the Board of * Immigration Appeals. Alberto R. Gonzales,

More information

NIJC Pro Bono Seminar

NIJC Pro Bono Seminar NIJC Pro Bono Seminar Memo & Brief Writing for Asylum Cases February 15, 2012 www.immigrantjustice.org Welcome Ashley Huebner National Immigrant Justice Center About the National Immigrant Justice Center

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 12-1698 PING ZHENG, v. Petitioner, ERIC H. HOLDER, JR., Attorney General of the United States, Respondent. Petition for Review of an Order

More information

n a t i o n a l IMMIGRATION p r o j e c t of the national lawyers guild

n a t i o n a l IMMIGRATION p r o j e c t of the national lawyers guild n a t i o n a l IMMIGRATION p r o j e c t of the national lawyers guild PRACTICE ADVISORY: SAMPLE CARACHURI-ROSENDO MOTIONS June 21, 2010 By Simon Craven, Trina Realmuto and Dan Kesselbrenner 1 Prior to

More information

Kole Kolaj v. Atty Gen USA

Kole Kolaj v. Atty Gen USA 2011 Decisions Opinions of the United States Court of Appeals for the Third Circuit 4-7-2011 Kole Kolaj v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 09-4674 Follow this

More information

Follow this and additional works at:

Follow this and additional works at: 2005 Decisions Opinions of the United States Court of Appeals for the Third Circuit 6-10-2005 Mati v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 04-2964 Follow this and

More information

United States Court of Appeals FOR THE EIGHTH CIRCUIT

United States Court of Appeals FOR THE EIGHTH CIRCUIT United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 05-4128 Olivia Nabulwala, Petitioner, v. Petition for Review from the Board of Immigration Appeals. Alberto R. Gonzales, Attorney General of the

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 16 2964 JUAN CARLOS BARRAGAN OJEDA, Petitioner, v. JEFF SESSIONS, Attorney General of the United States, Respondent. Petition for Review

More information

Tao Lin v. Atty Gen USA

Tao Lin v. Atty Gen USA 2010 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-22-2010 Tao Lin v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 09-1328 Follow this and

More information

Bamba v. Atty Gen USA

Bamba v. Atty Gen USA 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 5-20-2008 Bamba v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 07-2111 Follow this and

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 05-2071 NURADIN AHMED, v. Petitioner, ALBERTO R. GONZALES, Petition for Review of an Order of the Board of Immigration Appeals. No. A77-654-519

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-60761 Document: 00514050756 Page: 1 Date Filed: 06/27/2017 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fif h Circuit FILED June 27, 2017 JOHANA DEL

More information

Irorere v. Atty Gen USA

Irorere v. Atty Gen USA 2009 Decisions Opinions of the United States Court of Appeals for the Third Circuit 5-1-2009 Irorere v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 07-1288 Follow this and

More information

Chhyumi Gurung v. Attorney General United States

Chhyumi Gurung v. Attorney General United States 2014 Decisions Opinions of the United States Court of Appeals for the Third Circuit 11-17-2014 Chhyumi Gurung v. Attorney General United States Precedential or Non-Precedential: Non-Precedential Docket

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT **

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT ** FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS April 27, 2009 FOR THE TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court EVYNA HALIM; MICKO ANDEREAS; KEINADA ANDEREAS,

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 11-3582 HUSNI MOH D ALI EL-GAZAWY, v. Petitioner, ERIC H. HOLDER, JR., Attorney General of the United States, Respondent. On Petition for

More information

Gaffar v. Atty Gen USA

Gaffar v. Atty Gen USA 2009 Decisions Opinions of the United States Court of Appeals for the Third Circuit 7-22-2009 Gaffar v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 08-4105 Follow this and

More information

Follow this and additional works at:

Follow this and additional works at: 2004 Decisions Opinions of the United States Court of Appeals for the Third Circuit 10-25-2004 Guo v. Atty Gen USA Precedential or Non-Precedential: Precedential Docket No. 03-2972 Follow this and additional

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 05-3871 FERDINAND PJETRI, v. Petitioner, ALBERTO R. GONZALES, On Petition to Review an Order of the Board of Immigration Appeals. No. A

More information

ASYLUM LAW WORKSHOP. Alen Takhsh, Esq. TAKHSH LAW, P.C.

ASYLUM LAW WORKSHOP. Alen Takhsh, Esq. TAKHSH LAW, P.C. ASYLUM LAW WORKSHOP What does love look like? It has the hands to help others. It has the feet to hasten to the poor and needy. It has eyes to see misery and want. It has the ears to hear the sighs and

More information

Mahesh Julka v. Attorney General United States

Mahesh Julka v. Attorney General United States 2016 Decisions Opinions of the United States Court of Appeals for the Third Circuit 5-6-2016 Mahesh Julka v. Attorney General United States Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2016

More information

CANCELLATION OF REMOVAL

CANCELLATION OF REMOVAL Pro Bono Training: The Essentials of Immigration Court Representation CANCELLATION OF REMOVAL Jesus M. Ruiz-Velasco IMMIGRATION ATTORNEYS, LLP 203 NORTH LASALLE STREET, SUITE 1550 CHICAGO, IL 60601 PH:

More information

August Term (Submitted: November 9, 2017 Decided: February 23, 2018) Docket No ag. WEI SUN, Petitioner, - against -

August Term (Submitted: November 9, 2017 Decided: February 23, 2018) Docket No ag. WEI SUN, Petitioner, - against - 15-2342-ag Wei Sun v. Jefferson B. Sessions III UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2017 (Submitted: November 9, 2017 Decided: February 23, 2018) Docket No. 15-2342-ag WEI

More information

Yi Mei Zhu v. Atty Gen USA

Yi Mei Zhu v. Atty Gen USA 2010 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-13-2010 Yi Mei Zhu v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 09-1254 Follow this

More information

Okado v. Atty Gen USA

Okado v. Atty Gen USA 2005 Decisions Opinions of the United States Court of Appeals for the Third Circuit 11-17-2005 Okado v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 04-3698 Follow this and

More information

Sadiku v. Atty Gen USA

Sadiku v. Atty Gen USA 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 5-21-2008 Sadiku v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 07-2548 Follow this and

More information

Asylum in the Context of Expedited Removal

Asylum in the Context of Expedited Removal Asylum in the Context of Expedited Removal Asylum Chat Outline 5/21/2014 AGENDA 12:00pm 12:45pm Interactive Presentation 12:45 1:30pm...Open Chat Disclaimer: Go ahead and roll your eyes. All material below

More information

ARTICLE MISSED OPPORTUNITIES AND SECOND CHANCES: APPELLATE LITIGATION STRATEGIES FOR ASYLUM SEEKERS IN REINSTATEMENT CASES.

ARTICLE MISSED OPPORTUNITIES AND SECOND CHANCES: APPELLATE LITIGATION STRATEGIES FOR ASYLUM SEEKERS IN REINSTATEMENT CASES. ARTICLE MISSED OPPORTUNITIES AND SECOND CHANCES: APPELLATE LITIGATION STRATEGIES FOR ASYLUM SEEKERS IN REINSTATEMENT CASES Shuting Chen ABSTRACT This Article underscores the challenges faced by undocumented

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. BIA Nos. A & A

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. BIA Nos. A & A Liliana Marin v. U.S. Attorney General Doc. 920070227 Dockets.Justia.com [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 06-13576 Non-Argument Calendar BIA Nos. A95-887-161

More information

MATTER OF AB: BACKGROUND AND ANALYSIS LEARNING OBJECTIVES

MATTER OF AB: BACKGROUND AND ANALYSIS LEARNING OBJECTIVES MATTER OF AB: BACKGROUND AND ANALYSIS RENA CUTLIP-MASON, CHIEF OF PROGRAMS KURSTEN PHELPS, DIRECTOR OF LEGAL & SOCIAL SERVICES TAHIRIH JUSTICE CENTER LEARNING OBJECTIVES Background of Matter of A-B Synopsis

More information

AMERICAN IMMIGRATION LAW FOUNDATION Legal Action Center 918 F Street, N.W. Washington, D.C (202)

AMERICAN IMMIGRATION LAW FOUNDATION Legal Action Center 918 F Street, N.W. Washington, D.C (202) AMERICAN IMMIGRATION LAW FOUNDATION Legal Action Center 918 F Street, N.W. Washington, D.C. 20004 (202) 742-5600 June 10, 2002 Director, Regulations and Forms Services Division Immigration and Naturalization

More information

PRACTICE ADVISORY 1 December 2015

PRACTICE ADVISORY 1 December 2015 PRACTICE ADVISORY 1 December 2015 PRESERVING THE ONE-YEAR FILING DEADLINE FOR ASYLUM CASES STUCK IN THE IMMIGRATION COURT BACKLOG By Sandra A. Grossman and Lindsay M. Harris 2 The immigration courts unprecedented

More information

1/7/ :53 PM GEARTY_COMMENT_WDF (PAGE PROOF) (DO NOT DELETE)

1/7/ :53 PM GEARTY_COMMENT_WDF (PAGE PROOF) (DO NOT DELETE) Immigration Law Second Drug Offense Not Aggravated Felony Merely Because of Possible Felony Recidivist Prosecution Alsol v. Mukasey, 548 F.3d 207 (2d Cir. 2008) Under the Immigration and Nationality Act

More information

The Intersection of Immigration Law with CA State Law

The Intersection of Immigration Law with CA State Law The Intersection of Immigration Law with CA State Law January 16, 2015 Raha Jorjani, Office of the Alameda County Public Defender Agenda Overview of Immigration Consequences of Criminal Convictions. Post-Conviction

More information

INTERIM DECISION #3150: MATTER OF STOCKWELL

INTERIM DECISION #3150: MATTER OF STOCKWELL INTERIM DECISION #3150: MATTER OF STOCKWELL Volume 20 (Page 309) MATTER OF STOCKWELL In Deportation Proceedings A-28541697 Decided by Board May 31, 1991 (1) An alien holding conditional permanent resident

More information

CRIMINAL DEFENSE LITIGATION HYPOTHETICAL ANSWER KEY. LABE M. RICHMAN, Esq.

CRIMINAL DEFENSE LITIGATION HYPOTHETICAL ANSWER KEY. LABE M. RICHMAN, Esq. CRIMINAL DEFENSE LITIGATION HYPOTHETICAL ANSWER KEY by LABE M. RICHMAN, Esq. Attorney at Law New York City 145 146 HYPOTHETICAL ANSWER KEY Improving Immigration Outcomes In Criminal Cases NY State Bar

More information

Singh v. Atty Gen USA

Singh v. Atty Gen USA 2006 Decisions Opinions of the United States Court of Appeals for the Third Circuit 10-4-2006 Singh v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 05-4884 Follow this and

More information

Follow this and additional works at:

Follow this and additional works at: 2004 Decisions Opinions of the United States Court of Appeals for the Third Circuit 6-1-2004 Khan v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 03-2136 Follow this and additional

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No MEVLAN LITA, Petitioner ATTORNEY GENERAL OF THE UNITED STATES

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No MEVLAN LITA, Petitioner ATTORNEY GENERAL OF THE UNITED STATES Mevlan Lita v. Atty Gen USA Doc. 3110540744 Att. 2 Case: 10-2821 Document: 003110540744 Page: 1 Date Filed: 05/24/2011 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 10-2821 MEVLAN LITA, Petitioner

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NORMITA SANTO DOMINGO FAJARDO, Petitioner, No. 01-70599 v. I&NS No. A70-198-462 IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

More information

Immigration Relief for Immigrant Survivors of Abuse [July 2017]

Immigration Relief for Immigrant Survivors of Abuse [July 2017] Immigration Relief for Immigrant Survivors of Abuse [July 2017] What kind of crime or abuse counts? Battery or extreme Sex or labor trafficking cruelty perpetrated by a USC or LPR spouse or parent or an

More information

Matter of Z. VALDEZ, Respondent

Matter of Z. VALDEZ, Respondent Matter of A.J. VALDEZ, Respondent Matter of Z. VALDEZ, Respondent Decided December 20, 2018 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An alien

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT YELENA IZOTOVA CHOIN, Petitioner, No. 06-75823 v. Agency No. A75-597-079 MICHAEL B. MUKASEY, Attorney General, Respondent. YELENA IZOTOVA

More information

Drande Vilija v. Atty Gen USA

Drande Vilija v. Atty Gen USA 2011 Decisions Opinions of the United States Court of Appeals for the Third Circuit 4-8-2011 Drande Vilija v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 10-2717 Follow this

More information

Preparing Asylum Claims for Young People

Preparing Asylum Claims for Young People Preparing Asylum Claims for Young People Interviewing a Young Person Supporting Documentation for the Asylum Claim Preparing for the Asylum Interview Arriving at the Asylum Office Building Your Case from

More information

HOW TO APPLY FOR ASYLUM, WITHHOLDING OF REMOVAL, AND/OR PROTECTION UNDER ARTICLE 3OF THE CONVENTION AGAINST TORTURE

HOW TO APPLY FOR ASYLUM, WITHHOLDING OF REMOVAL, AND/OR PROTECTION UNDER ARTICLE 3OF THE CONVENTION AGAINST TORTURE HOW TO APPLY FOR ASYLUM, WITHHOLDING OF REMOVAL, AND/OR PROTECTION UNDER ARTICLE 3OF THE CONVENTION AGAINST TORTURE WARNING: This booklet provides general information about immigration law and does not

More information

Jenny Kurniawan v. Atty Gen USA

Jenny Kurniawan v. Atty Gen USA 2012 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-9-2012 Jenny Kurniawan v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 11-3360 Follow

More information

Letter Brief of [Client] A# []

Letter Brief of [Client] A# [] LOWENSTEIN SANDLER LLP 1251 Avenue of the Americas New York, NY 10020 October, 2017 VIA HAND DELIVERY United States Department of Homeland Security Bureau of Citizenship & Immigration Services, Asylum

More information

CHOI FUNG WONG, a/k/a Chi Feng Wang, a/k/a Choi Fung Wang, a/k/a Chai Feng Wang, Petitioner. JOHN ASHCROFT, Attorney General of the United States

CHOI FUNG WONG, a/k/a Chi Feng Wang, a/k/a Choi Fung Wang, a/k/a Chai Feng Wang, Petitioner. JOHN ASHCROFT, Attorney General of the United States NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT 02-4375 CHOI FUNG WONG, a/k/a Chi Feng Wang, a/k/a Choi Fung Wang, a/k/a Chai Feng Wang, Petitioner v. JOHN ASHCROFT, Attorney General

More information

Mevlan Lita v. Atty Gen USA

Mevlan Lita v. Atty Gen USA 2011 Decisions Opinions of the United States Court of Appeals for the Third Circuit 4-1-2011 Mevlan Lita v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 10-2821 Follow this

More information

Pitcherskaia v. INS. Gender & Sexual Identity issues in Refugee Law

Pitcherskaia v. INS. Gender & Sexual Identity issues in Refugee Law Pitcherskaia v. INS Gender & Sexual Identity issues in Refugee Law Facts Pitcherskaia v. the INS (Immigration and naturalization service) United States Court of Appeals, Ninth Circuit 35 year old Russian

More information

Alpha Jalloh v. Atty Gen USA

Alpha Jalloh v. Atty Gen USA 2011 Decisions Opinions of the United States Court of Appeals for the Third Circuit 5-13-2011 Alpha Jalloh v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 09-3623 Follow this

More information

PRACTICE ADVISORY 1 December 16, 2011

PRACTICE ADVISORY 1 December 16, 2011 PRACTICE ADVISORY 1 December 16, 2011 IMPLICATIONS OF JUDULANG V. HOLDER FOR LPRs SEEKING 212(c) RELIEF AND FOR OTHER INDIVIDUALS CHALLENGING ARBITRARY AGENCY POLICIES INTRODUCTION Before December 12,

More information

Immigration Law Basics for Domestic Violence Victim Advocates

Immigration Law Basics for Domestic Violence Victim Advocates Factsheet Immigration Law Basics for Domestic Violence Victim Advocates This factsheet provides basic information on various immigration remedies available to victims of domestic violence and/or certain

More information

Credibility Assessment in Refugee Status Determination UNHCR Training Baku, Azerbaijan September 2013

Credibility Assessment in Refugee Status Determination UNHCR Training Baku, Azerbaijan September 2013 Credibility Assessment in Refugee Status Determination UNHCR Training Baku, Azerbaijan September 2013 1 OBJECTIVES To appreciate the principles of credibility assessment To be aware of the difficulties

More information

United States Court of Appeals For the First Circuit

United States Court of Appeals For the First Circuit United States Court of Appeals For the First Circuit Nos. 06-2599 07-1754 ZULKIFLY KADRI, Petitioner, v. MICHAEL B. MUKASEY, ATTORNEY GENERAL OF THE UNITED STATES, Respondent. ON PETITION FOR REVIEW OF

More information

United States Department of Justice Executive Office for Immigration Review Immigration Court [Location] File No. A# NON-DETAINED

United States Department of Justice Executive Office for Immigration Review Immigration Court [Location] File No. A# NON-DETAINED [Attorney] [Attorney EOIR ID #] [Attorney address] Attorney for Respondent United States Department of Justice Executive Office for Immigration Review Immigration Court [Location] In the Matter of [Respondent

More information

APPLICATION OF THE CHILD STATUS PROTECTION ACT TO ASYLEES AND REFUGEES

APPLICATION OF THE CHILD STATUS PROTECTION ACT TO ASYLEES AND REFUGEES APPLICATION OF THE CHILD STATUS PROTECTION ACT TO ASYLEES AND REFUGEES The Child Status Protection Act (CSPA), 1 enacted on August 6, 2002, is a complex law that applies in different ways to certain types

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 07-3883 ZVONKO STEPANOVIC, v. Petitioner, MARK R. FILIP, Acting Attorney General of the United States, Respondent. On Petition for Review

More information

AMERICAN IMMIGRATION LAW FOUNDATION

AMERICAN IMMIGRATION LAW FOUNDATION AMERICAN IMMIGRATION LAW FOUNDATION JUDICIAL REVIEW PROVISIONS OF THE REAL ID ACT Practice Advisory 1 By: AILF Legal Action Center June 7, 2005 The REAL ID Act of 2005 was signed into law on May 11, 2005

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 18 2334 EL HADJ HAMIDOU BARRY, Petitioner, v. WILLIAM P. BARR, Attorney General of the United States, Respondent. Petition for Review of

More information

Decided: September 22, S14A0690. ENCARNACION v. THE STATE. This case concerns the adequacy of an attorney s immigration advice to

Decided: September 22, S14A0690. ENCARNACION v. THE STATE. This case concerns the adequacy of an attorney s immigration advice to In the Supreme Court of Georgia Decided: September 22, 2014 S14A0690. ENCARNACION v. THE STATE. THOMPSON, Chief Justice. This case concerns the adequacy of an attorney s immigration advice to a legal permanent

More information

Tatyana Poletayeva v. Atty Gen USA

Tatyana Poletayeva v. Atty Gen USA 2010 Decisions Opinions of the United States Court of Appeals for the Third Circuit 4-2-2010 Tatyana Poletayeva v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 09-1734 Follow

More information

Matter of Z-Z-O-, Respondent

Matter of Z-Z-O-, Respondent Matter of Z-Z-O-, Respondent Decided May 26, 2015 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An Immigration Judge s predictive findings of what

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Case: 12-71773, 02/26/2016, ID: 9879515, DktEntry: 35-1, Page 1 of 10 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SHOUCHEN YANG, v. Petitioner, No. 12-71773 Agency No. A099-045-733

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 06-2550 LOLITA WOOD a/k/a LOLITA BENDIKIENE, v. Petitioner, MICHAEL B. MUKASEY, Attorney General of the United States, Petition for Review

More information

2:17-cv MAG-DRG Doc # 32 Filed 06/22/17 Pg 1 of 6 Pg ID 497 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:17-cv MAG-DRG Doc # 32 Filed 06/22/17 Pg 1 of 6 Pg ID 497 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:17-cv-11910-MAG-DRG Doc # 32 Filed 06/22/17 Pg 1 of 6 Pg ID 497 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION USAMA J. HAMAMA, et al., vs. Petitioners, Case No. 17-cv-11910

More information

HUMAN RIGHTS FIRST SUBMISSION TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

HUMAN RIGHTS FIRST SUBMISSION TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS HUMAN RIGHTS FIRST SUBMISSION TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS UNIVERSAL PERIODIC REVIEW: UNITED STATES OF AMERICA, NOVEMBER 26, 2010 1. Introduction This report is a submission

More information

Losseny Dosso v. Attorney General United States

Losseny Dosso v. Attorney General United States 2014 Decisions Opinions of the United States Court of Appeals for the Third Circuit 7-16-2014 Losseny Dosso v. Attorney General United States Precedential or Non-Precedential: Non-Precedential Docket No.

More information

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE OF IMMIGRATION REVIEW IMMIGRATION COURT SAN FRANCISCO, CALIFORNIA

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE OF IMMIGRATION REVIEW IMMIGRATION COURT SAN FRANCISCO, CALIFORNIA 1 1 1 Jeremiah Johnson Johnson & McDermed, LLP 00 Montgomery Street, Suite 0 San Francisco, California Tel...0 Fax...0 jeremiah@jmcdlaw.com Counsel for Respondent DETAINED UNITED STATES DEPARTMENT OF JUSTICE

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-60546 Document: 00513123078 Page: 1 Date Filed: 07/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 21, 2015 FANY JACKELINE

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Maria Magdalena Sebastian Juan ( Sebastian ), a citizen of Guatemala,

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Maria Magdalena Sebastian Juan ( Sebastian ), a citizen of Guatemala, MARIA MAGDALENA SEBASTIAN JUAN; JENNIFER ALVARADO SEBASTIAN, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit December 6, 2016 Elisabeth A. Shumaker

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION YOLAUNDA ROBINSON : CASE NO. 1:08-CV-238

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION YOLAUNDA ROBINSON : CASE NO. 1:08-CV-238 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION YOLAUNDA ROBINSON : CASE NO. 1:08-CV-238 Plaintiff, : Judge Michael R. Barrett vs. : : CINCINNATI METROPOLITAN HOUSING AUTHORITY

More information

LEXSEE 19 I. & N. Dec. 439 (BIA 1987) MATTER OF MOGHARRABI. In Deportation Proceedings. Nos. A , A INTERIM DECISION: 3028

LEXSEE 19 I. & N. Dec. 439 (BIA 1987) MATTER OF MOGHARRABI. In Deportation Proceedings. Nos. A , A INTERIM DECISION: 3028 LEXSEE 19 I. & N. Dec. 439 (BIA 1987) MATTER OF MOGHARRABI In Deportation Proceedings Nos. A23267920, A26850376 INTERIM DECISION: 3028 DEPARTMENT OF JUSTICE, BOARD OF IMMIGRATION APPEALS 1987 BIA LEXIS

More information

Chapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes:

Chapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes: CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL Hardship in Immigration Law Chapter 1 This chapter includes: 1.1 Introduction... 1-1 1.2 How Does Hardship Come into Play?... 1-1 1.3 Hardship Is a Discretionary

More information

In the Complaint in this case, filed August 3, 2009, the. Securities and Exchange Commission ( S.E.C. ) alleges, in stark

In the Complaint in this case, filed August 3, 2009, the. Securities and Exchange Commission ( S.E.C. ) alleges, in stark UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------x SECURITIES AND EXCHANGE COMMISSION, : : Plaintiff, : 09 Civ. 6829 (JSR) : - v - : : MEMORANDUM ORDER BANK

More information

I. Relevance of International Refugee Law in the United States

I. Relevance of International Refugee Law in the United States UNHCR Asylum Lawyers Project November 2016 UNHCR s Views on Gender Based Asylum Claims and Defining Particular Social Group to Encompass Gender Using international law to support claims from women seeking

More information

Hidayat v. Atty Gen USA

Hidayat v. Atty Gen USA 2005 Decisions Opinions of the United States Court of Appeals for the Third Circuit 7-18-2005 Hidayat v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 04-1349 Follow this and

More information

Follow this and additional works at:

Follow this and additional works at: 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 1-15-2008 Yu v. Atty Gen USA Precedential or Non-Precedential: Precedential Docket No. 06-3933 Follow this and additional

More information

220 ILGA-Europe Annual Review

220 ILGA-Europe Annual Review Sweden As in many other European countries, the issue of LGBTI asylum was to the fore in 2016. Swedish LGBTI NGOs, like many of their European counterparts, offered support services to LGBTI asylum seekers

More information

Jose Diaz Hernandez v. Attorney General United States

Jose Diaz Hernandez v. Attorney General United States 2017 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-1-2017 Jose Diaz Hernandez v. Attorney General United States Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2017

More information

Immigration Equality February 2011

Immigration Equality February 2011 Immigration Equality February 2011 www.immigrationequality.org Practice Advisory: Seeking Asylum for LGBT Children and Youth Produced for Vera Institute of Justice DUCS Legal Access Project By Immigration

More information

F I L E D August 26, 2013

F I L E D August 26, 2013 Case: 12-60547 Document: 00512359083 Page: 1 Date Filed: 08/30/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D August 26, 2013 Lyle

More information

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. August Term, (Argued: February 6, 2014 Decided: August 19, 2014) Docket No.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. August Term, (Argued: February 6, 2014 Decided: August 19, 2014) Docket No. 12-179-ag Lin v. Holder UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013 (Argued: February 6, 2014 Decided: August 19, 2014) Docket No. 12-179-ag WEINONG LIN, Petitioner, v. ERIC

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-60157 SEALED PETITIONER, also known as J.T., United States Court of Appeals Fifth Circuit FILED May 6, 2014 Lyle W. Cayce Clerk v. Petitioner

More information

PERDOMO V. HOLDER: A STEP FORWARD IN RECOGNIZING GENDER AS A PARTICULAR SOCIAL GROUP PER SE

PERDOMO V. HOLDER: A STEP FORWARD IN RECOGNIZING GENDER AS A PARTICULAR SOCIAL GROUP PER SE PERDOMO V. HOLDER: A STEP FORWARD IN RECOGNIZING GENDER AS A PARTICULAR SOCIAL GROUP PER SE Abstract: On July 12, 2010, the Ninth Circuit Court of Appeals, in Perdomo v. Holder, ruled that the Board of

More information