Delgado v. Holder (9th Cir. 8/19/2011) Most folks with a passing understanding of immigration law know that certain crimes will lead to the denial of immigration benefits or removal. For instance, you would be ineligible for asylum if you were convicted of an aggravated felony, regardless of how meritorious your claim of persecution may be. […]
Archive for the ‘Asylum’ Category
BIA Has Authority to Expand List of “Particular Serious Crimes” Which Would Limit Asylum Claims
August 29th, 2011 
Max Nuyen Fraud by Immigration Consultant May Toll Deadline for Asylum Cases
August 18th, 2011 Max Nuyen Viridiana v. Holder (7/20/2011) One of the things to keep in mind about filing for asylum in the U.S. is the one year deadline. That is, an asylum application must be filed within one year of entering the country. Applications filed late, even if they are meritorious, will not be considered. One year may seem […]
Posted in Asylum 
Tags: Asylum, deadline, extraordinary circumstances, immigration consultant, immigration judge, one year rule, viridiana v. holder 
Comments Off on Fraud by Immigration Consultant May Toll Deadline for Asylum CasesAsylum Applicant Not Required to Corroborate Testimony that
July 1st, 2011 Max Nuyen Singh v. Holder (9th Cir. 6/17/2011)-UPDATED The Ninth Circuit court of Appeals, with all judges in the circuit taking part in the decision, voted to reverse itself regarding an earlier decision which I previously discuss . The issue in this case was whether an asylum applicant is required to provide additional evidence which corroborates his […]
Posted in Asylum Tags: Asylum, corroborating evidence, credible testimony, Singh v. Holder Comments Off on Asylum Applicant Not Required to Corroborate Testimony thatFirm Resettlement a Bar to Asylum
May 19th, 2011 Max Nuyen Matter of A-G-G (B.I.A. 5/12/2011) Although asylum is a powerful form of relief for those who qualify for it because it offers at path permanent resident status without the need for a sponsor, it is subject to certain limitations. One such limitation, as discussed in this case, is the doctrine of “firm resettlement.” The immigration […]
Posted in Asylum Tags: Asylum, bar, burden of proof, firm resettlement, mandatory bar, Matter of A-G-G, persecution Comments Off on Firm Resettlement a Bar to AsylumGender May Form Basis for Membership in a Social Group Under Asylum Law
August 16th, 2010 Max Nuyen Perdomo v. Holder (9th Cir. 2010) In the immigration field, asylum is one of the most hotly litigated areas. Over half of all immigration cases which are appealed relate to asylum claims. This is because the terms and definitions used in the asylum statutes are so broad that more often than not, court intervention is […]
Posted in Asylum, Deportation and Detention Tags: Asylum, BIA, Guatemala, Perdomo v. Holder, social group 2 Comments »Immigrations Judges May Require Asylum Applicants to Produce Corroborating Evidence
June 4th, 2010 Max Nuyen Singh v. Holder (9th Cir. 2010) In a dismaying decision which will have long term repercussions in all future asylum hearings, the 9th Circuit ruled that an immigration judge may require an applicant to provide corroborating documentary evidence to support his testimony, even if the applicant was credible.
Posted in Asylum Tags: Asylum, corroborating evidence, credibility, REAL ID Act, Singh v. Holder 5 Comments »Religious Conversion Is a Basis for Qualifying for Exception to Rule That Asylum Application Must Be Filed Within One Year.
March 23rd, 2010 Max Nuyen Taslimi v. Holder (9th Cir. 2010) Generally, a person seeking political asylum in the United States must file the application within one year of his or her entry into the country. An application which is filed later than that would be considered time-barred. Regardless of the merits of the case, such application will likely be […]
Posted in Asylum Tags: Asylum, changed circumstances, extraordinary circumstances, one year rule, religious conversion, taslimi v. holder Comments Off on Religious Conversion Is a Basis for Qualifying for Exception to Rule That Asylum Application Must Be Filed Within One Year.Motions to Reopen Asylum Cases Reviewable by Appellate Court
February 23rd, 2010 Max Nuyen Kucana v. Holder (U.S. Supreme Court 2010) In this case, the U.S. Supreme Court settled a split among the appellate circuits as to whether a motion to reopen an asylum petition is reviewable by an appellate court. The Court determined that because there is no statutory basis which bars appellate courts from reviewing motions to […]
Person Who Suffered Mistreatment for Opposing Government Corruption Eligible for Asylum
January 21st, 2010 Max Nuyen Baghdasaryan v. Holder (9th Cir. 2010) The respondent in this case, Baghdasaryan, was a citizen of Armenia. He filed for asylum in the United States because of persecution he suffered on account of his political opinion. In sustaining his case, the 9th Circuit found that opposition to government corruption is a type of political opinion […]
Posted in Asylum Tags: Asylum, Baghdasaryan v. Holder, government corruption, persecution, state actor Comments Off on Person Who Suffered Mistreatment for Opposing Government Corruption Eligible for AsylumAnother Crime Added to the Moral Turpitude List
September 10th, 2009 Max Nuyen Uppal v. Holder (9th Cir. 2009) This case expands on the moral turpitude doctrine. That is, a person who violates § 268 of the Canadian Criminal Code is considered to have categorically committed a crime of moral turpitude. The Canadian statute deals with aggravated assaults. In examining the language of § 268, the 9th Circuit […]