4th Circuit
Phan v. Holder (4th Circuit, February 1, 2012)
DIAZ, Gregory, Winn
Summary: “In 2008, Dung Phan’s application for naturalization was denied by the U.S. Citizenship and Immigration Services ("USCIS"). USCIS determined that Phan’s 2002 conviction in the District of Columbia Superior Court for distribution of cocaine in a drug-...
1st Circuit
Arevalo-Giron v. Holder (1st Circuit, January 31, 2012)
SELYA, Lynch, Torruella
Summary: The First Circuit affirmed the agency’s denial of El Salvadoran petitioner’s application for asylum, finding that he failed to establish that his past persecution at the hands of FMLN guerrillas—which included carrying severely wounded...
1st Circuit
Guerrero v. Holder (1st Circuit, January 31, 2012)
HOWARD, Torruella, Lipez
Summary: The First Circuit affirmed the agency’s denial of the Guatemalan petitioner’s application for withholding of removal, finding that her proposed social groups single women perceived to have substantial economic resources or former children of...
10th Circuit
Contreras-Bocanegra v. Holder (10th Circuit, January 30, 2012)
LUCERO, en banc
Summary: “We granted en banc rehearing of this case to determine whether the so-called post-departure bar regulation at 8 C.F.R. § 1003.2(d) remains valid in this circuit considering Congress’ 1996 amendment to the Immigration and Nationality Act (“...
9th Circuit
Tyson v. Holder (9th Circuit, January 27, 2012)
BREWSTER (distct), McKeown, Smith, Jr.
Summary: “Jacqueline Tyson, a native of Australia, appeals the Board of Immigration Appeals’ (“BIA”) order of removal as an alien convicted of a controlled substance offense. Tyson argues that the BIA erred when it decided that she is not...
4th Circuit
Turkson v. Holder (4th Circuit, January 26, 2012)
GIBNEY (distct), Agee, Diaz
Summary: The Fourth Circuit vacated the BIA’s reversal of the IJ’s grant of CAT relief to the petitioner from Ghana. The Court found that the BIA erroneously reviewed the IJ’s findings of fact under a de novo standard rather than the proper clearly...
9th Circuit
Oshodi v. Holder (9th Circuit, January 26, 2012)
RAWLINSON, O’Scannlain, Cowen
Summary: The Ninth Circuit affirmed the agency’s denial of asylum, withholding of removal and CAT relief based on an adverse credibility determination against the Nigerian petitioner and his failure to produce corroborating evidence. The Ninth Circuit...
1st Circuit
Carvalho-Frois v. Holder (1st Circuit January 26, 2012)
SELYA, Howard, Boudin
Summary: The First Circuit affirmed the agency’s denial of asylum to the Brazilian petitioner. The petitioner had witnessed a murder in her neighborhood in Brazil and was threatened a couple of times by one of the assailants not to go to the...
1st Circuit
Garcia-Callejas v. Holder (1st Circuit, January 24, 2012)
Boudin, Lipez, Howard (per curiam)
Summary: The First Circuit affirmed the agency’s denial of petitioner’s claim for withholding of removal, finding that petitioner’s alleged social group—El Salvadorian males, who are perceived as wealthy, that resist gang recruit—...
6th Circuit
Abdurakhmanov v. Holder (6th Cir., Jan. 23, 2012)
BATCHELDER, McKeague, Stranch
Summary: The Sixth Circuit affirmed the Board of Immigration Appeals’ (BIA) adverse credibility determination in claims for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) to Aziz Abdurakhmanov, an...
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