4th Circuit Further Defines Family Asylum Group

A comprehensive decision, Sandra Hernandez-Cartagena v. William Barr (https://www.ca4.uscourts.gov/opinions/191823.P.pdf) by the 4th Circuit overturning and remanding a denial of asylum by an immigration judge, affirmed by the Board of Immigration Appeals (BIA), affirms the legitimacy of a family unit as an appropriate social group for asylum protection. The Fourth Circuit found that the BIA’s decision denying the asylum claim was …

Virginia Law Criminalizing Gang Activity Not Categorically a CIMT

 On July 19, 2019 the US Fourth Circuit Court of Appeals issued its decision finding that the Virginia offense of participating in criminal street gang activity is not categorically a crime involving moral turpitude. The Virginia statute,  Va. Code § 18.2-46.2(A), which prohibits participation in a criminal street gang, is as follows: Any person who actively participates in or is a member …

Immig Judges’ Authority to Administratively Close Restored

The US Fourth Circuit Court of Appeals has restored Administrative Closure as an inherent power of Immigration Court judges, effectively overruling the current administration’s attempt to preclude this standard procedure.  This tool permits adjudication of pending applications by temporarilly suspending immigration court proceedings. This is a very good decision for persons in immigration court proceedings because when there is potential …

Family Can Be Social Group

Family Based Asylum Claim Explained – 4th Circuit The 4th Circuit held: “The BIA and the IJ improperly focused on whether Gomez’s father and brother were threatened due to a protected reason in order to impute such protection to the whole family. This was in error. The correct analysis focuses on Gomez herself as the applicant, and asks whether Gomez …

US 4th Circuit Reverses Deportation based on Virginia Grand Larceny conviction

Omargharib v. Holder – Dec 23, 2014 On December 23, 2014, the US Fourth Circuit Ct of Appeals issued its published opinion in Sayed Omargharib v. Eric Holder, Jr.  remanding  to vacate the IJ’s Removal Order based on conviction under Virginia’s  larceny statute. IBLF attorney Steffanie Jones Lewis presented oral arguments before the panel on September 16, 2014, and an amicus brief was submitted by the Capital …