Duress as an Exception to the Persecutor Bar

The Board of Immigration Appeals ruled recently that duress may be an exception to the persecutor bar of inadmissibility. This ruling may help many asylum applicants who were previously denied asylum for their role in foreign armed forces. What is the Persecutor Bar? The persecutor bar is found in INA Section 101(a)(42), which exempts any…

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Judge Kavanaugh on Immigration

President Donald Trump nominated Judge Kavanaugh to the Supreme Court. Judge Kavanaugh’s rulings regarding a plethora of issues, including immigration, will come under scrutiny in the coming months. During his confirmation, Judge Kavanaugh’s immigration rulings will be analyzed, and will undoubtedly play a role in the process. In this post, I will analyze his rulings…

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No Date-No Time-No Go: Pereira v. Sessions Case Note

In a decision that should help immigrants around the country, the Supreme Court ruled that a defective Notice to Appear that lacks time and place of proceedings cannot be used to stop the accrual of time for Cancellation of Removal purposes. This decision, Pereira v. Sessions, should lead to relief for many immigrants, including ones I…

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Hablamos Espanol? Welcome to Removal Proceedings!

I saw, with a real sense of disgust, the videos that have circulated recently on the internet. First, I saw the video of the attorney, who has taken an oath to protect rights, rail at a restaurant because other patrons were speaking Spanish. Second, I saw the Border Patrol agent speak to two United States…

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Did Melania Trump Deserve the Einstein Visa?

There are multiple news stories discussing Melania Trump’s immigration history, and whether the First Lady deserved the EB-1 visa under which she received her permanent residence. In this post, I will discuss the EB-1 criteria, and analyze whether the first lady qualified for the visa. This analysis, however, will be based only on her public profile,…

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Case Note: Jennings v. Rodriguez

Yesterday, the legal community, and immigration advocates especially, were shocked by the Supreme Court’s decision in Jennings v. Rodriguez. The Supreme Court ruled that arriving aliens do not have the right to periodic bond hearings to assess the conditions of their detainment. I will sum up the plurality’s opinion in this post. The decision is…

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Board of Immigration Appeals Issues Decision on Particular Social Groups

The Board issued a new decision regarding “particular social group”. The Board ruled that an asylum applicant must delineate a “particular social group” before the immigration judge to be eligible for asylum. The decision is Matter of W-Y-C & H-O-B, 27 I&N Dec. 189 (BIA 2018). The Facts The Respondents, in this case, are a…

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DACA Ruling Deals Another Blow to the Administration

Late last night, a federal judge in the Northern District of dealt yet another loss to the Administration. This time it was Deferred Action for Childhood Arrivals (DACA). Several entities, led by the University of California, sued the Administration over its decision to nullify the Obama Administration’s 2012 order establishing the program. I will discuss…

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5 Things to Say to the Alien Among Us!

This week, one of the most discussed stories was one letting us know that we are not alone in the world. A secret CIA program had been established to keep the aliens in check. The program’s main goal was to study the existence of aliens and the national security implications of such creatures. The story…

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