PollEv.com/daniellerosc723

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1 PollEv.com/daniellerosc723 PROCESSING TIPS WHERE AND WHEN TO FILE: Jurisdictional and employment based considerations FILE AFFIRMATIVELY WITH USCIS TO THE FIELD OFFICE Juveniles or those who were juveniles at the time of apprehension. Adults who received an NTA but which hasn t been filed with EOIR yet. Any filing where the person already has an A# WINDOW FILE AT EOIR ASAP for individuals who don t have a court date scheduled or where the date is further out than 6 months. Helpful tip: EAD ELIGIBILITY FN s who present themselves at the POE and are paroled under INA 212(d)(5) are eligible for work authorization immediately. 2 March 15-16, 2018 Page 1 of 6

2 PROCESSING CHANGES LIKELY WILL FOCUS ON Juveniles and women from Central America Those with one year bar issues CASE EXPEDITING THE RETURN OF LAST IN FIRST OUT Emilia Bardini is the director of the asylum office in San Francisco Successful requests for expedite have included: Family still in country of feared persecution filing to decision 6 weeks Grant of asylum needed for licensure for physician or dentist Grant of asylum needed to qualify for public benefits or school aid Unsuccessful request for expedite Psychological evaluation stating that asylum decision needed for client s emotional wellbeing due to the fear of returning causing stress. 3 SUBSTANTIVE CHANGES BIA DECISION UNDER AG REVIEW Matter of A-B- 27 I&N Dec. 227 (A.G. 2018), Whether being a victim of private criminal activity constitutes a particular social group. PAST IS PROLOGUE BIA DECISION VACATED BY AG Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018), which had held asylum applicants must have an individual hearing. BIA DECISION ON PARTICULAR SOCIAL GROUP Matter of W-Y-C- & H-O-B, 27 I&N Dec. 189 (BIA 2018), Particular Social Group must be clearly articulated by Respondent. 4 March 15-16, 2018 Page 2 of 6

3 Hypo 1a 5 Hypo 1b 6 March 15-16, 2018 Page 3 of 6

4 Hypo 1c 7 Hypo 1d 8 March 15-16, 2018 Page 4 of 6

5 Hypo 1 Analysis 9 HYPO 2a Juan is 19 year s old. His parents operate a small farm that grows fruit and vegetables. They own a few trucks to transport their merchandise to market. One morning while Juan is driving a truck full of produce to a near-by town, gang members blocked the road and stopped him. They demanded that he let them load packages, which he assumed were drugs or other contraband in the truck and take them to a location near the market. He put them off by giving them the money he had from previous sales on that day s route, along with some boxes of produce. They said the next time they would destroy the truck and kill him and his family if he did not help them. Has Juan suffered Past persecution? Does he have a well founded fear of future persecution? What s his best nexus? Has Juan provided material support? March 15-16, 2018 Page 5 of 6

6 HYPO 2b Has Juan suffered Past persecution? Center for Gender and Refugee Studies, US Hastings Provide country conditions evidence, sample briefs, expert declarations, and referrals for psych evaluations. Track trends in adjudications. AILA Asylum Cases By Topic Credibility, Deferral of Removal Under CAT, Frivolous Asylum Application, INA 209(c) Waiver Cases, Material Support Bar, Miscellaneous, Motion to Reopen, One Year Filing Deadline, Political Opinion, Religion, Relocation, Serious Nonpolitical Crime, Social Group, Standard of Review March 15-16, 2018 Page 6 of 6