This week, the Ninth Circuit applied its “totality of circumstances” test for credibility determinations in immigration proceedings. KUMAR v. GARLAND - The Court applied its recent en banc decision in Alam v....more
On June 1, 2021, the U.S. Supreme Court decided Garland v. Ming Dai, overruling the Ninth Circuit’s longstanding “deemed-true-or-credible” rule that required reviewing courts to treat noncitizens’ testimony as credible and...more
The past four years have been challenging for immigrants in the United States. President Trump has made “strong borders” a cornerstone of his administration. Among the well documented and inhumane consequences of his...more
Recent events have created an urgent need for an independent Immigration Court separate from the Department of Justice. On October 17, Proskauer hosted a panel discussion in its New York office co-sponsored by Sanctuary for...more
Those seeking to escape immediate danger or imminent persecution often rely on false documents when fleeing to a safe country. But can a fraudulent or illegal entry into the U.S. pose an issue for asylum?...more
When can domestic violence form the basis of a successful asylum claim? A New York City immigration judge recently granted asylum to one of our pro bono clients who was found to have suffered past persecution on account of...more
I have the opportunity in recent months to speak to Immigration and Customs and Enforcement (ICE) officers who work along the border. No doubt there is a surge on the Border. Immigration Detention Centers are at full...more
Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he...more