Immigration law / Deportation / Forcible return

15 July 2009 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Access to procedures - Appeal / Right to appeal - Complementary forms of protection - Deportation / Forcible return - Jurisdiction | Countries: El Salvador - United States of America

4 June 2009 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - Female genital mutilation (FGM) - Social group persecution - Women-at-risk | Countries: Mali - United States of America

20 April 2009 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Deportation / Forcible return - Immigration law - Jurisdiction - Refugee / Asylum law - Residence permits / Residency | Countries: Cuba - United States of America

5 November 2008 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Asylum-seekers - Deportation / Forcible return - Re-entry | Countries: Mexico - United States of America

5 October 2008 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - One-child policy / Family planning - Persecution based on political opinion | Countries: China - United States of America

30 July 2008 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Asylum-seekers - Deportation / Forcible return - Residence permits / Residency | Countries: United States of America

Under section 101(a)(3) of the REAL ID Act of 2005, Div. B of Pub. L. No. 109-13, 119 Stat. 302, 303, in mixed motive asylum cases, an applicant must prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for the claimed persecution.

25 June 2007 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Grounds for persecution - Persecution based on nationality - Social group persecution | Countries: Rwanda - United States of America

9 May 2007 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Convention against Torture (CAT) - Deportation / Forcible return - Family reunification - One-child policy / Family planning - Women-at-risk | Countries: China - United States of America

The holdings in this case were overruled by the decision of the Attorney General in: Matter of J-S-, 24 I&N Dec. 520 (A.G. 2008).

19 September 2006 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Persecution of family members | Countries: China - United States of America

(1) The members of a particular social group must share a common, immutable characteristic, which may be an innate one, such as sex, color, or kinship ties, or a shared past experience, such as former military leadership or land ownership, but it must be one that members of the group either cannot change, or should not be required to change, because it is fundamental to their individual identities or consciences. Matter of Acosta, 19 I&N Dec. 211(BIA 1985), followed.
(2) The social visibility of the members of a claimed social group is an important consideration in identifying the existence of a 'particular social group' for the purpose of determining whether a person qualifies as a refugee. (3) The group of 'former noncriminal drug informants working against the Cali drug cartel' does not have the requisite social visibility to constitute a 'particular social group.'

15 June 2006 | Judicial Body: United States Board of Immigration Appeals | Document type: Case Law | Topic(s): Deportation / Forcible return - Non-state agents of persecution - Social group persecution | Countries: Colombia - United States of America