Duress as an Exception to the Persecutor Bar

July 11, 2018

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…

Judge Kavanaugh on Immigration

July 10, 2018

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…

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

June 23, 2018

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…