Category Archives: Asylum

Bachynskyy v. Holder. 7th Cir. -IJ Warnings regarding voluntary departure are not retroactive

Posted on December 16, 2011 by

Petitioner, a Ukrainian citizen who entered the U.S. without inspection sought withholding of removal under the Convention Against Torture. The Immigration Judge stated that she was continuing the case for four months, but that if she decided before that date,”you … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Convention Against Torture, Motion to Reopen, Motions to Reopen, Voluntary Departure, withholding of removal, withholding of removal; lack of jurisdiction | Leave a comment

Bachynskyy v. Holder. 7th Cir. -IJ Warnings regarding voluntary departure are not retroactive to VD grants occurring before January 20, 2009

Posted on December 16, 2011 by

Petitioner, a Ukrainian citizen who entered the U.S. without inspection sought withholding of removal under the Convention Against Torture. The Immigration Judge stated that she was continuing the case for four months, but that if she decided before that date,”you … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Convention Against Torture, Motion to Reopen, Motions to Reopen, Voluntary Departure, withholding of removal, withholding of removal; lack of jurisdiction | Leave a comment

Jonaitiene v. Holder-7th Circuit

Posted on September 30, 2011 by

In 2000 husband and wife, citizens of Lithuania, entered the U.S. with illegally-obtained visas. They have two children born in Lithuania and a third born in the U.S. When the visa fraud was discovered, they cooperated and were sentenced to … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, withholding of removal | Leave a comment

Lin Jiang, Seventh Circuit: Asylum/Motion to Reopen/Ineffective Assistance of Counsel/Changed Country Conditions

Posted on March 24, 2011 by

Lin Jiang v. Eric Holder, Jr., 09-3179Court of Appeals for the Seventh Circuit. Friday, March 18th, 2011Status: Published/PrecedentialLin_Jiang_v._Eric_Holder_Jr..pdf Tweet In Lin Xing Jiang v. Holder, 2011 WL 923279 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit denied … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, ineffective assistance of counsel, Motion to Reopen | Leave a comment

LIN v. HOLDER JR-Chinese asylum and withholding of removal 7th Circuit

Posted on December 24, 2010 by

A Chinese citizen’s petition for review of a BIA’s affirmance of an IJ’s denial of an application for asylum and withholding of removal based on his wife’s alleged abortion, is denied where: 1) even if the abortion and sterilization certificates … Continue reading →

Posted in 7th Circuit Cases- Aliens, Asylum | Leave a comment

Chinese Asylum: Is it appropriate to treat suing a unit of government as a legitimate means of expressing one’s political opinion? 7th Circuit 2010

Posted on June 10, 2010 by

Xiu Chen v. Eric Holder, Jr. (Easterbrook)Full Text A Chinese citizen’s petition for review of BIA’s denial of her application for asylum is granted and remanded as the Board has never addressed the question of whether it is appropriate to … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum | Leave a comment

Asylum, China’s one-child policy and membership in social group-7th Cir. 2010 Chen v. Holder, No. 08-2836

Posted on May 3, 2010 by

A Chinese national and citizen’s petition for review of the BIA’s affirmance of Immigration Judge’s denial of his application for asylum and related relief, claiming that he has been or will be persecuted because of his family’s resistance to China’s … Continue reading →

Posted in Asylum, China one-child policy | Leave a comment

EOIR Releases 2009 Statistical Year Book

Posted on March 6, 2010 by

The Department of Justice’s (DOJ’s) Executive Office for Immigration Review (EOIR) has recently released its Fiscal Year (FY) 2009 Statistical Year Book, summarizing the work of the EOIR for the past five years. The 129-page report was prepared by the … Continue reading →

Posted in Asylum, EOIR, EOIR Statistical Year Book | Leave a comment

Refugee Caselaw Site – Asylum Law – University of Michigan Law School

Posted on February 7, 2010 by

Refugee Law – Asylum Law – University of Michigan Law School The Refugee Caselaw Site, directed by Prof. James C. Hathaway, is the world’s only collection of carefully selected leading cases which interpret and apply the UN’s refugee definition, used … Continue reading →

Posted in Asylum, political corruption, Refugee | Leave a comment

BIA Holds that Changed Circumstances Do Not Result in Automatic One-Year Extension of Time for Filing for Asylum

Posted on February 3, 2010 by

The Board of Immigration Appeals (BIA or Board), in Matter of T-M-H- and S-W-C-, 25 I. & N. Dec. 193 (B.I.A. Jan. 29, 2010), held that an alien does not receive an automatic one-year extension in which to file an … Continue reading →

Posted in Asylum, Chicago Immigration Court | Leave a comment