The U.S. Court of Appeals for the Second Circuit has issued a nonbinding summary order that reverses a denial of an application for asylum, remanding the case back to the Board of Immigration Appeals (BIA) for further proceedings.  See Volaj v. Holder, July 1, 2010, unpub.

The case involves two Albanians: a mother and her son.  In her appeal Volaj argues that the BIA misapplied the holding in Yeuqing Zhang v. Gonzales, 426 F.3d 540, 547-48 (2d Cir. 2005) in finding that her husband’s whistle-blowing activities did not constitute an expression of political opinion for purposes of qualifying as a refugee under 8 U.S.C. § 1101(a)(42).

Although this case doesn't constitute binding precedent it is worth noting because the 2nd revisited its previous ruling in Zhang that “[w]here the dispute is such that the asylum seeker did not merely seek economic advantage but mounted a challenge to the legitimacy and authority of the ruling regime itself, and where the applicant can show that this ‘political threat’ is the motive for the persecution perpetrated or feared, the applicant can meet the definition of a ‘refugee.’” Yeuqing Zhang 436 F.2d at 547.

Keep this case in your toolbox.

In the wake of Obama's "immigration reform" speech he once again illustrates how he is the most enforcement-centric President in the history of our country. It has been reported that 23 cab drivers in Philadelphia have been caught in an Immigration and Customs Enforcement sting operation, and are now facing deportation from the United States. How many times do we have to be lied to by this President before we say enough is enough.

"President Obama's immigration speech sparked a strong reaction in Utah, but it didn't change the minds of those who want to further crack down on illegal immigrants -- including Utah Gov. Gary Herbert."