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Establishing that the Government is "Unable or Unwilling" to Protect the Respondent  REQUIREMENT An applicant for asylum and withholding of removal has the burden to establish past persecution or fear of future persecution “on account of race, religion, nati...

PSG REGULATIONS 8 CFR 208.1(c) Particular social group. For purposes of adjudicating an application for asylum under section 208 of the Act or an application for withholding of removal under section 241(b)(3) of the Act, a particular social group is one that...

LGBT Particular Social Group The applicant must prove that the persecution they fear in the future is motivated by their actual or imputed membership in a PSG. Since 1994, when Attorney General Janet Reno designated Matter of Toboso-Alfonso as precedent, “hom...

TESTIFYING AGAINST GANG MEMBER OR OTHERWISE COOPERATING WITH LAW ENFORCEMENT  Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021). Summary of the Facts Mr. H-L-S-A-, the applicant, a Salvadoran national, was removed from the United States pursuant to an in absen...

Formulating a PSG During the past decade, it has become increasingly important that attorneys formulate PSGs carefully and with a clear understanding of the current law in their jurisdictions. Moreover, since PSG claims are now more likely to result in federa...

Dual Citizens Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d Cir. 2022) Case Summary Petitioners sought review of a December 14, 2018, decision of the Board of Immigration Appeals (the "BIA") affirming a decision of an Immigration Judge (the "IJ") denying ...

TERMINATION OF REMOVAL PROCEEDINGS FOR NATURALIZATION A noncitizen *does not*need to submit proof of a pending naturalization application to seek termination for naturalization. 8 CFR § 1003.1(m)(1)(ii)(B), 1003.18(d)(1)(ii)(B).The new regulations establish t...