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If an applicant meets the statutory definition of a refugee and is not subject to any mandatory bars to asylum, the grant of asylum is ultimately discretionary.Discretionary GrantThe Immigration and Nationality Act states that the Attorney General (and by dele...

The Ninth Circuit routinely overturns asylum denials that should be upheld under the compelling evidence standard set forth in 8 U.S.C. 1252 (b)(4) and INS v. Elias-Zacarias, 502 U.S. 478 (1992). The court isolates the individual elements of the adverse credib...

Overview of Persecution The BIA has defined “persecution” as “either a threat to life or freedom of, or infliction of suffering or harm upon those who differ in a way regarded as offensive.” See Matter of Acosta, 19 I&N Dec. 211 (BIA 1985). The BIA and the Sec...

THREE MAIN REASONS1. Lack of DetailIf the Applicant provides answers that lack specific details, dates, times, descriptions of people and what they were wearing, etc. This is probably the most common reason cited. 2. Implausibility The story the Applicant tell...

Matter of Acosta held that a particular social group is comprised of persons who hold a common, immutable characteristic. 19 I&N Dec. at 211. A particular social group must also be defined with particularity and be socially distinct. Matter of S-E-G-, 24 I&N D...

Unlawful Presence INA § 212(a)(9)(B)NOTE: Remember to consider whether INA § 212(a)(9)(C) unlawful presence (the “permanent bar”) would apply. The three- and ten-year bars at INA § 212(a)(9)(B) penalize people who stay too long in unlawful status in the Unite...

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 FactsMr. H-L-S-A-, the applicant, a Salvadoran national, was removed from the United States pursuant to an in absentia rem...

Peguero Vasquez v. Garland, No. 21-6380 (2d Cir. 2023)The Second Circuit said it can't apply retroactively even though the law says it applies retroactively. I. BackgroundUnder 8 U.S.C. § 1227(a)(2)(A)(i) —  which is Section 237(a)(2)(A)(i) of the Immigration ...

Matter of LOPEZ-TICAS, 29 I&N Dec. 90 (BIA 2025)The lack of time and place information on the notice to appear does not render untrue or incorrect a respondent’s admission to the factual allegations or invalidate the charges of removability in the notice to ap...

FAMILY PREFERENCE VISA CATEGORIES Immediate RelativesAn Immediate Relative for immigration purposes is the spouse, minor child or parent of a U.S. citizen. See the Green Card for Immediate Relatives of U.S. Citizen page on the USCIS website for more info.Famil...

ECAS: https://case-access.eoir.justice.gov/casedetailsAutomated Case Status System: https://acis.eoir.justice.gov/en/Automated Case Status Phone: 1-800-898-7180

CONTACTING USCISContact USCISUSCIS Freedom of Information Act (FOIA)Immigration and Citizenship DataImmigration Fraud and AbuseVisit Report Fraud webpage to report:H-1B visa violations H-2B visa violations EB-5 fraudAsylum fraud ...