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First Circuit

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  • CA1 Says Connecticut Child Pornography Conviction Is an Aggravated Felony(493 KB - 7/23/2014)
    The court denied the petition, finding the BIA correctly concluded that it necessarily established that the conviction of possession of child pornography under §53a-193(13)(2003) of the Connecticut statute was an aggravated felony under INA §101(a)(43)(I). (Kaufmann v. Holder, 7/14/14)
    AILA Doc. No. 14072350.
  • CA1 Declines to Review Adjustment Denial for Lack of Jurisdiction(495 KB - 7/23/2014)
    The court dismissed for lack of jurisdiction, finding the IJ properly exercised her discretion in denying the adjustment application, considering the child abuse reports and a criminal charge, and petitioner presented no legal argument to undermine that result. (Jaquez v. Holder, 7/15/14)
    AILA Doc. No. 14072349.
  • CA1 Finds Salvadoran Petitioner Failed to Show Causation in Asylum Claim(469 KB - 7/23/2014)
    The court found that although the nuclear family can be a social group that is the target of persecution, the petitioner, a mother of three sons resisting gang violence in El Salvador, failed to show she would be persecuted as a result of her kinship. (Constanza v. Holder, 7/9/14)
    AILA Doc. No. 14072347.
  • CA1 Declines to Review New Evidence Not Presented First to BIA(473 KB - 7/11/2014)
    The court denied the petition for review, finding the BIA did not abuse its discretion in denying the motion to reopen and it did not have jurisdiction to consider new evidence relating to persecution by the Taliban in Pakistan that was not presented to the BIA. (Shah v. Holder, 7/2/14)
    AILA Doc. No. 14071100.
  • CA1 Finds BIA Committed Legal Error on “On Account of” Element of Guatemalan Asylum Claim(489 KB - 7/9/2014)
    The court remanded, finding that the factual record did not preclude and would even allow the BIA to find that petitioners were members of a particular social group by virtue of their family relationship, without any need to show a further protected ground. (Aldana-Ramos v. Holder, 6/27/14)
    AILA Doc. No. 14070945.
  • CA1 Finds BIA Did Not Conduct Thorough CIMT Analysis and Remands(470 KB - 7/8/2014)
    The court found the BIA did not conduct a thorough analysis in finding that shoplifting under Mass. Gen. Laws Ch. 266, §30A was a crime involving moral turpitude (CIMT), as it should have applied a categorical approach and analysis of the MA law instead of PA law. (Mejia v. Holder, 6/25/14)
    AILA Doc. No. 14070844.
  • CA1 Declines to Review Second Motion to Reopen for Petitioner from China(480 KB - 5/19/2014)
    The court found the BIA did not abuse its discretion in concluding that the petitioner’s evidence as to population control measures “in some areas of China” was insufficient to establish either a likelihood of persecution or materially changed circumstances. (Lin v. Holder, 5/14/14)
    AILA Doc. No. 14051949.
  • CA1 Declines to Review Petition for Guatemalan Petitioner(464 KB - 5/16/2014)
    The court declined to review the withholding denial, upholding the BIA’s decision that concluded that “individuals perceived as wealthy on account of their return to Guatemala from lengthy stays in the U.S.” did not constitute a particular social group. (Sam v. Holder, 5/14/14)
    AILA Doc. No. 14051650.
  • CA1 Denies Motion to Reopen (MTR) for Indonesian Christian(463 KB - 5/16/2014)
    The court declined to review the MTR denial on the basis of changed country conditions, finding the BIA did not abuse discretion when finding the evidence presented did not address a particular or individualized risk of harm if petitioner returned to Indonesia. (Simarmata v. Holder, 5/12/14)
    AILA Doc. No. 14051649.
  • CA1 Declines to Reopen Removal Proceedings for Haitian Petitioner Granted TPS(462 KB - 5/14/2014)
    The court declined to reopen removal proceedings for the Haitian petitioner, holding the BIA correctly ruled that the temporary protected status (TPS) relief only served to prevent execution of the removal order and it did not affect the validity of the order. (Donnee v. Holder, 5/9/14)
    AILA Doc. No. 14051442.
  • CA1 Declines to Review Asylum Denial for Sikh Petitioner from India(466 KB - 5/5/2014)
    The court denied the petition for review, affirming the BIA and IJ’s conclusions that the petitioner lacked a well-founded fear of future persecution, given his ability to move to Delhi and remain in India for several months without further harassment or arrest. (Singh v. Holder, 4/30/14)
    AILA Doc. No. 14050545.
  • CA1 Agrees with BIA that Petitioner’s Third Motion to Reopen (MTR) Was Untimely(465 KB - 5/1/2014)
    The court held the BIA acted within its discretion in finding that the petitioner’s third MTR was untimely, noting that petitioner did not demonstrate due diligence relating to his in absentia removal order to permit consideration of equitable tolling. (Wang v. Holder, 4/30/14)
    AILA Doc. No. 14050150.
  • CA1 Declines to Review Asylum Denial for Petitioner from Nepal(510 KB - 4/30/2014)
    The court denied the petition to review the asylum denial, finding that the record evidence did not amount to past persecution, even though the Maoists also may have threatened the Nepali petitioner with a gun during the isolated event. (Thapaliya v. Holder, 4/24/14)
    AILA Doc. No. 14043042.
  • CA1 Declines to Reopen Removal Proceedings for Sri Lankan Asylum Seeker(517 KB - 4/22/2014)
    The court denied the petition to review the denial of the second motion to reopen, finding petitioner did not show that evidence of Sri Lanka’s history of torturing returned asylum seekers was unavailable and undiscoverable at the time of her removal proceedings. (Perera v. Holder, 4/22/14)
    AILA Doc. No. 14042259.
  • CA1 Declines to Review Asylum Denial for Colombian Petitioner(472 KB - 4/22/2014)
    The court held that the Colombian petitioner did not establish past persecution or a well-founded fear of future persecution and thus found the petitioner’s asserted social group of widows of slain narco-traffickers moot. (Moreno v. Holder, 4/18/14)
    AILA Doc. No. 14042257.
  • CA1 Declines to Review MTR for Christian Indonesians Seeking Asylum(474 KB - 4/7/2014)
    The court denied the petition to review the motion to reopen (MTR) the asylum denials, finding that Christian Indonesian petitioners failed to demonstrate error sufficient to warrant reopening of their removal proceedings. (Marsadu v. Holder, 4/4/14)
    AILA Doc. No. 14040743.
  • CA1 Upholds Cancellation of Removal Denial(479 KB - 2/19/2014)
    The court denied the petition in part and dismissed in part for lack of jurisdiction, upholding the cancellation of removal denial based on the lack of hardship the U.S.-born gifted son would suffer if the parents were removed to Guatemala. (Alvarado v. Holder, 2/14/14)
    AILA Doc. No. 14021956.
  • CA1 Dismisses Petition to Review Waiver Denials for Lack of Jurisdiction(471 KB - 1/23/2014)
    The court lacked jurisdiction to review the IJ and BIA’s discretionary waiver denials based on “extreme hardship” and “good faith” under INA §216(c)(4) of the joint filing requirement for removal of conditions on permanent residency. (Lopez v. Holder, 1/17/14)
    AILA Doc. No. 14012355.
  • CA1 Upholds Denial of MTR for Guatemalan Teacher Seeking Asylum(476 KB - 1/23/2014)
    The court denied the petition for review, upholding the BIA’s denial of the motion to reopen (MTR) the removal proceedings, because the new evidence did not prove persecution in Guatemala was on account of teachers’ public teaching and opposition to gangs. (Rosales v. Holder, 1/15/14)
    AILA Doc. No. 14012353.
 
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