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Citations for ILW.COM's Seminar
Asylum For Experts
Session 2 held on August 19, 2009

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

From David L. Cleveland

CASE CITATIONS

Internal relocation
Brezilien v. Holder, 565 F.3d 1163(9th Cir. May 12, 2009) IJ granted asylum. BIA reversed, saying he could be safe outside of Port-au-Prince. Is that improper fact-finding? -there is tension between D-I-M, 24 I&N Dec. 448, 451 [BIA 2008](suggesting that internal relocation is a "fact') and Matter of A-S-B-, 24 I&N Dec. 493, 497 (BIA 2008) {what may happen in the future is a legal determination]

The one-year deadline
April 9th to April 9th: Minasyan v. Mukasey, 553 F.3d 1224 (9th Cir. 2009)
Lived in Harrisburg: Oei v. Att'y Gen. 301 Fed. Appx 157 [3rd Cir. 2008]
Waited 364 days: Husyev v. Mukasey, 528 F.3d 1172 (9th Cir. 2008)

April 9th to April 9th: Minasyan v. Mukasey, 553 F.3d 1224 (9th Cir. 2009)

April 9th to April 9th: Minasyan v. Mukasey, 553 F.3d 1224 (9th Cir. 2009)

Material support
Matter of L-H- (BIA 7/10/09) Terrorists forced A to hand over a packed lunch and they took $4 from his chest pocket. Held: A did not "commit an act." Also, a lunch and $4 are not "material." They are de minimus.
[available at bibdaily.com]

Unaccompanied alien children [UAC] Memorandum dated March 25, 2009 by Joseph E. Langlois [AILA Document 090-422-30

"safe haven" has been abolished: Mamouzian v. Ashcroft, 390 F.3d 1129, 1138 (9th Cir. 2004).

Negusie v. Holder 129 S. Ct. 1159 (March 3, 2009)
Diaz-Zannatta v. Holder 558 F.3d 450, 460 (6th Cir. 2009)

DHS brief dated April 13, 2009 [AILA document 090-716-64]

IJ O'Leary {Arlington VA ] [June 19, 2009] 13-page opinion
IJ Phillip Williams [Balt. MD] June 11, 2009 - 4-page opinion [this 13-year-old boy is a member of the ____ family] Bibdaily: "gang" then "abstracts" then "June 11, 09"

Carrera-Garrido v. Atty Gen 2009 us app lexis 3990 [3rd cir. 2009]
"former United States residents with children" might be a psg; remand!
-the gangs will believe I am rich; because I have children, the gangs will feel they can make me pay

January 14, 2009 decision by IJ Tsankov in Los Angeles [available at uscri.refugees.org at its "Resource Library"]
Respondents were twin sisters, age 19, from El Salvador.
Gang members said: "join us, or we will rape you or kill you."
A psg must be visible; it must be recognized by others. Its membership must be delimited.

Respondents argue they are "female members of a vulnerable family that cannot protect themselves." [pg 26]
Also, they are "attractive twins." Pg 26.
A family is a social group. [pg 27]

They did not suffer physical harm, but they were deprived on a normal childhood. They were forced to change schools, and take expensive taxis. Held: this is past persecution. [comment: S-E-G- not mentioned.]

Informants are not a psg Soriano v. Holder 2009 us app lexis 13822 [9th cir. 6/26/09]
Scatambuli v. Holder, 558 f.3d 53 (1st Cir. 2009)[R lacked social visibility; very few people in society knew he was an informant; he had no outward characteristics that would cause others to recognize him as an informant]

Gang recruitment
Marroquin-Ochoma v. Holder 2009 us app lexis 16714 [8th Cir. 7/28/09] the gang just wanted to fill its ranks; refusal to join a gang is not necessarily politically motivated


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