Case Law

On Petition for Review of an Order of the Board of Immigration Appeals, Argued and Submitted 8 June 2007 in Pasadena, California.

27 December 2007 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Acts of persecution - Grounds for persecution - Social group persecution | Countries: El Salvador - United States of America

Petition for Review of an Order of the Board of Immigration Appeals.

2 November 2007 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Burden of proof - Convention against Torture (CAT) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - HIV and AIDS - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Mexico - United States of America

26 September 2007 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Convention against Torture (CAT) - Country of origin information (COI) - Female genital mutilation (FGM) - Social group persecution | Countries: Mali - United States of America

Petition for Review of an Order of the Board of Immigration Appeals (No. A97-333-672).

13 September 2007 | Judicial Body: United States Court of Appeals for the Seventh Circuit | Topic(s): Airports - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Liberia - United States of America

3 August 2007 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Albinism/Persons with Albinism - Non-state agents of persecution - Social group discrimination - Social group persecution | Countries: Indonesia - United States of America

Petition for Review of a Decision of the Board of Immigration Appeals. Unpublished opinion.

26 June 2007 | Judicial Body: United States Court of Appeals for the Eleventh Circuit | Topic(s): Arbitrary arrest and detention - Convention against Torture (CAT) - Credibility assessment - Deportation / Forcible return - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Lithuania - 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 | 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

Petition for Review of a Final Decision of the Board of Immigration Appeals.

7 May 2007 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Burden of proof - Derivative status - Female genital mutilation (FGM) - Non-state agents of persecution - Persecution of family members - Social group persecution - Well-founded fear of persecution | Countries: Somalia - United States of America

On appeal from the Federal Court: Hinzman v. Canada (Minister of Citizenship and Immigration) (F.C.), 2006 FC 420; [2007] 1 F.C.R. 561 and Hughey v. Canada (Minister of Citizenship and Immigration), 2006 FC 421.

30 April 2007 | Judicial Body: Canada: Federal Court of Appeal | Topic(s): Criminal justice - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Prosecution vs persecution - Social group persecution - State protection | Countries: Canada - United States of America

Submitted: 20 October 2006; Filed: 21 March 2007. Olivia Nabulwala challenges the final order of the Board of Immigration Appeals (BIA) denying her claim for asylum, withholding of removal, and relief under the Convention Against Torture. Having jurisdiction under 8 U.S.C. § 1252(a)(2)(D), this court grants the petition and remands.

21 March 2007 | Judicial Body: United States Court of Appeals for the Eighth Circuit | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Non-state agents of persecution - Social group persecution | Countries: Uganda - United States of America