asylum relief, a petitioner is required to establish refugee status, i.e., that he is an alien unwilling or unable to return home “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
No Asylum For Abused Gay Man.
A man brought a petition for review of an immigration board’s denial of asylum to the Ninth Circuit Court of Appeals under the Convention Against Torture [CAT] based on his sexual orientation and HIV-positive status. The man testified he was raped and otherwise sexually abused by his uncle, his cousins and a neighbor, and that his abusers referred to him using homophobic slurs, telling him they were abusing him because he was gay.
Denial Of Asylum In The U.S.
To establish eligibility for asylum in the United States, a petitioner must prove that he or she is unable or unwilling to return to his or her country of origin because of persecution or a well-founded fear “on account of race, religion, nationality, membership in a political social group, or political opinion” [8 U.S.C. §§ […]
Judgment In Personal Injury Case Reversed After Trial Judge Told Jury Plaintiff Was An Undocumented Immigrant.
In a lawsuit involving a rare lung disease allegedly caused by a toxic workplace substance, one of the elements of damages was the cost of a future lung transplant. In a motion in limine, the plaintiff sought an order prohibiting the defense from mentioning he was an undocumented immigrant. The defense argued that since plaintiff might […]
Abandoned Alien Child.
An abandoned, neglected or abused child who is not a citizen of the USA may be found to be a special immigrant juvenile [SIJ] which may serve as a first step in filing for citizenship in the USA. (8 U.S.C. § 1101 (a)(27)(J)). These children no longer need be under foster care, as was previously […]
Wards Qualify For Status As Special Immigrant Juveniles Under Welfare and Institutions Code Section 602 As Well As Dependents Under Welfare and Institutions Code Section 300.
Petitioner in a writ of mandate proceeding was born in Mexico in 1995,brought to the United States by his mother when he was five years old and never returned to Mexico. Three years later, his mother abandoned him; she died in 2010. He got in trouble with the law, was declared a ward of the juvenile […]
First Case Of The Year Grants Admission Of Undocumented Immigrant To The State Bar.
An undocumented immigrant’s [the California Supreme Court said its use of this term refers to a person who is not a U.S. citizen and who is in the U.S. but who lacks the immigration status required by federal law to be lawfully present in this country] name was submitted for admission to the California State Bar […]
Asylum Denied.
A Chinese citizen testified in an immigration hearing she found she was pregnant with her second child one month after her husband’s death and was forced to have an abortion. She also testified that during a Christian service at her home in China, police raided her home and arrested her and the other home church attendants. […]
Where Man Was Subjected To Persecution In Russia Because He Is Homosexual Ninth Circuit Grants Review In Case.
The Board of Immigration Appeals dismissed a man’s appeal from an order denying his application for asylum. He contends he has a wellfounded fear of future persecution if he is removed to Russia because he is a homosexual. The immigration judge had concluded the man did not carry his burden of demonstrating the Russian government was […]