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Fourth Circuit

2013 - 2012 | 2011 | 2010 - 2009 | 2008 - 2007 | 2006 - 2005 | 2004 - 2002


  • CA4 Declines to Review Motion to Reopen for Chinese Male Petitioner(517 KB - 11/24/2014)
    The court found that the BIA’s reliance on the 2007 DOS Country Profile was reasonable and the BIA did not abuse its discretion in determining that the petitioner’s submissions did not establish changed country conditions in China related to the one-child policy. (Lin v. Holder, 11/14/14)
    AILA Doc. No. 14112444.
  • CA4 Finds IJ Conflated Adverse Credibility with Fraud and Willful Misrepresentation(522 KB - 10/31/2014)
    The court vacated the BIA’s decision and remanded, finding that the IJ committed legal error by conflating adverse credibility with fraud and willful misrepresentation and that the willful representation ruling was not supported by substantial evidence. (Yang v. Holder, 10/29/14)
    AILA Doc. No. 14103141.
  • CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission(491 KB - 10/21/2014)
    The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)
    AILA Doc. No. 14102145.
  • CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT(477 KB - 10/21/2014)
    The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)
    AILA Doc. No. 14102146.
  • CA4 Affirms Denial of NACARA Relief Due to Persecutor’s Bar(499 KB - 7/29/2014)
    The court found the BIA did not err in ruling the petitioner was ineligible for special rule cancellation of removal under NACARA, as during his service in the Salvadoran military, he assisted in persecution of individuals because of their political views. (Quitanilla v. Holder, 7/14/14)
    AILA Doc. No. 14072946.
  • CA4 Remands Asylum Denial for Salvadoran Petitioner Fleeing MS-13(506 KB - 7/29/2014)
    The court granted the petition for review and remanded, finding that even though other members of the petitioner’s family may not have been “uniquely or specially targeted” by the MS-13 gang, this fact did not did not undermine petitioner’s own fear of persecution. (Aquino v. Holder, 7/18/14)
    AILA Doc. No. 14072941.
  • CA4 Upholds Cancellation of Removal Denial(481 KB - 4/1/2014)
    The court denied in part and dismissed in part, finding that petitioner did not qualify for cancellation of removal since the Notice to Appear was valid even though it contained missing charges and incorrect dates and times, and the stop-time rule applied. (Urbina v. Holder, 3/17/14)
    AILA Doc. No. 14040145.
  • CA4 Denies Chinese Religious Persecution Claim and Remands Forced Sterilization Claim(512 KB - 2/10/2014)
    The court remanded the forced sterilization claim, as the BIA relied on the 2007 DOS China Report and did not account for the contrary evidence that parents of two U.S.-born children could face persecution in China. (Chen v. Holder, 2/5/14)
    AILA Doc. No. 14021043.
  • CA4 Finds Former Gang Members Can Be Particular Social Group(507 KB - 1/23/2014)
    The court reversed the BIA, and held that the particular social group of former MS-13 members who have renounced their gang membership is immutable for withholding of removal purposes. (Martinez v. Holder, 1/23/14)
    AILA Doc. No. 14012341.
  • CA4 Remands Asylum Denial for Bipolar Individual from Tanzania(523 KB - 1/17/2014)
    The court vacated and remanded, finding that the petitioner who suffered severe harm in hospitals and prisons in Tanzania qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior. (Temu v. Holder, 1/16/14)
    AILA Doc. No. 14011755.
 
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