BIA Addresses when Death Threats Constitute Persecution

The Board of Immigration Appeals has determined that death threats constitute persecution if they are objectively credible and issued by a person or persons with the immediate ability to carry them out. The standard is seemingly in line with circuit court precedent, but the application of the standard is extreme. The Board found that receipt of an anonymous death threat accompanied by the delivery of bullets was not sufficiently credible or imminent.

The full text of Matter of E-M-F-S- can be found here: https://www.justice.gov/eoir/media/1422766/dl?inline

Eleventh Circuit Reaffirms Lozada Requirements

The Eleventh Circuit has reaffirmed the procedural requirements of Matter of Lozada, finding that the Supreme Court’s decision in Lopez Bright did not undermine the case law relying on Lozada.

The full text of Gutierrez-Milan v. Attorney General can be found here: https://media.ca11.uscourts.gov/opinions/pub/files/202413788.pdf

Ninth Circuit Certifies Questions about Drug Conviction to CA Supreme Court

The Ninth Circuit has certified the following questions to the California Supreme Court: when a defendant is charged with possession of a listed controlled substance under California Health & Safety Code § 11378, must the state prove, and must the jury unanimously agree, that the defendant possessed the actual listed controlled substance, and not an analog of that substance as defined under California Health & Safety Code § 11401? Or may the jury convict if it finds the state has proven the defendant possessed either the actual controlled substance or an analog of that substance, without unanimous agreement as to which?

“If the California Supreme Court concludes that the state may prove a § 11378 charge for possession of a specified listed controlled substance (e.g., methamphetamine) by showing the defendant possessed either the actual specified listed substance or an analog of that substance, then Defendants would prevail. We would conclude that § 11378 is “both overbroad and indivisible” at step two, and “a prior conviction under that statute will never qualify as a predicate . . . offense under the federal sentencing guidelines.” But if the California Supreme Court concludes that the state must prove a § 11378 charge for possession of a specified listed controlled substance by showing the defendant possessed that actual substance and not an analog of that substance, then we will affirm the sentences.”

Thus, the resolution of this question could impact the immigration consequences of many different California drug convictions.

The full text of United States v. Soto can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/01/08/24-3903.pdf

Eighth Circuit Determines that Arkansas Definition of Cocaine is Broader than Definition in CSA

The Eighth Circuit has determined that Arkansas’ definition of cocaine is broader than the federal definition in the CSA because it criminalizes more isomers than the federal definition.

The full text of United States v. Ferguson can be found here: https://ecf.ca8.uscourts.gov/opndir/26/01/242178P.pdf

Third Circuit Finds Failure to Disclose Children on DV Lottery Application is Material Misrepresentation

The Third Circuit has determined that an applicant’s failure to disclose his children on his diversity visa lottery application is material because their existence was relevant to whether he was inadmissible under the public charge ground.

The full text of Savane v. Secretary of DHS can be found here: https://www2.ca3.uscourts.gov/opinarch/243286p.pdf

BIA Affirms IJ Termination where DHS Failed to Prove Alienage

The Board of Immigration Appeals has determined that where neither the respondent nor the Department of Homeland Security (DHS) appears at the hearing and DHS does not present evidence of removability in advance of the hearing, the Immigration Judge does not err in terminating proceedings without prejudice.

The full text of Matter of Tepec-Garcia can be found here: https://www.justice.gov/eoir/media/1421526/dl?inline

BIA Finds that Terms of 1950 Treaty of Peace and Friendship between India and Nepal Constitutes Firm Resettlement of Nepali in India

The Board of Immigration Appeals has determined that the terms of the 1950 Treaty of Peace and Friendship between India and Nepal - which permit Nepali citizens to lives, work, and own property in India - constitute firm resettlement of a Nepali asylum seeker in India.

The full text of Matter of L-T-A- can be found here: https://www.justice.gov/eoir/media/1421286/dl?inline

BIA Finds that Cancellation Applicant has not Rebutted Presumption he Lacked Good Moral Character

The Board of Immigration Appeals has determined that a cancellation applicant who sustained two DUI convictions during the good moral character period had not rebutted the presumption that he lacked good moral character because “[c]aring for his son and maintaining gainful employment do not constitute an ‘unusual case’ sufficient to ‘overcome the strong evidence’ that the respondent lacked good moral character based on recidivist conduct involving DWI offenses.”

The full text of Matter of Palma-Olvera can be found here: https://www.justice.gov/eoir/media/1421101/dl?inline

BIA Overturns Grant of Asylum to Political Activist from Moldova

The Board of Immigration Appeals has reversed the grant of asylum to a political activist from an area of Moldova controlled by separatists. “The Immigration Judge’s finding was based on the fact that the respondent was issued a pretextual summons for his political activity and on country conditions evidence showing that the separatists controlling Transnistria have detained political activists and subjected them to severe harm. However, the Immigration Judge did not properly consider the respondent’s testimony that his son appeared pursuant to an identical summons and was released without incident. While we acknowledge the generalized country conditions evidence relied on by the Immigration Judge, the specific experience of the respondent’s son undermines his claim that he would be singled out for persecution based on the issuance of an identical summons. The fact that the respondent was able to remain in Moldova for several years without being physically harmed after the October 2021 beatings while continuing to publicly engage in political activity also significantly undermines his claim that he would be persecuted in the future. So does the respondent’s testimony that he was able to freely leave Moldova without incident.”

The full text of Matter of N-P-A- can be found here: https://www.justice.gov/eoir/media/1420981/dl?inline

BIA Reverses CAT Grant to Snitch

The Board of Immigration Appeals has determined that a non-citizen who cooperated with United States law enforcement against a cartel did not demonstrate a clear probability of torture because his fear was based on unsubstantiated statements from a coconspirator and generalized evidence of cartel violence.

The full text of Matter of J-C-A-G- can be found here: https://www.justice.gov/eoir/media/1420746/dl?inline

BIA Reverses CAT Grant to Haitian Applicant

The Board of Immigration Appeals has reversed a grant of protection under the Convention Against Torture to a Haitian applicant, finding that “anecdotal reports” (i.e., expert testimony) of Haitian prison guards taking bribes to withhold torture is not sufficient to show that it is more likely than not that the respondent himself will be tortured.

The full text of Matter of W-F- can be found here: https://www.justice.gov/eoir/media/1420631/dl?inline

BIA Denies Second MTR Based on VAWA Relief

The Board of Immigration Appeals has determined that the statutory provision permitting the Attorney General to waive the 1-year time limitation on one motion to reopen pursuant to VAWA does not provide for a waiver of the numerical limitation on a second motion to reopen pursuant to VAWA.

The full text of Matter of B-S-H- can be found here: https://www.justice.gov/eoir/media/1418881/dl?inline

BIA Finds that Single Police Officer's Refusal to Assist does not Establish Government Unwillingness to Control Persecutors

The Board of Immigration Appeals has determined that a single attempt to report an incident of harm by private actors to local police, without further harm from the police themselves or evidence of their widespread collusion with alleged persecutors, does not establish that the government, as a whole, is unable or unwilling to protect a respondent from persecution.

The full text of Matter of K-S-H- can be found here: https://www.justice.gov/eoir/media/1417811/dl?inline

Tenth Circuit Upholds Negative Good Moral Character Determination Based on Recidivist DUI Conviction

The Tenth Circuit has upheld the agency’s negative good moral character determination for an individual convicted of a recidivist DUI offense within the 10 year good moral character, even though the three prior convictions that made him a recidivist were from 20 years prior. “The BIA and IJ treated Petitioner’s 2017 DUI conviction so seriously because it was his fourth such conviction. In doing so, the BIA and IJ were not reflecting on what Petitioner’s moral character had been back in 1995 or 1996. Rather, they were saying that his moral character was bad in 2017 because he was unable to keep himself from repeating serious misconduct for which he had been convicted.”

The full text of Luna-Corona v. Bondi can be found here: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111337652.pdf

Ninth Circuit Denies DOJ's Motion to Dismiss Pro se PFR

The Ninth Circuit has denied the Department of Justice’s motion to dismiss a pro se petition for review that misstated the date of the agency decision and failed to include the decision with the petition. “Here, the imperfections in Kazarian’s petition did not deprive the government of sufficient notice of his claim or prejudice the government. Even though Kazarian misstated the date of the challenged order as ‘07/16/25’ rather than ‘06/17/25,’ and he did not attach a copy of that order, as § 1252(c) requires, his petition and accompanying stay motion make clear that he seeks review of the BIA’s June 17, 2025, decision upholding his removal order. The government had no trouble finding that ruling and filing it on the docket.”

The full text of Kazarian v. Bondi can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2025/11/18/25-4427.pdf

Ninth Circuit Reaffirms Jurisdiction to Review Exception to One Year Filing Deadline

The Ninth Circuit has reaffirmed that it has jurisdiction to review whether changed circumstances excuse the late filing of an asylum application. The Court also affirmed the denial of an administrative closure motion because the applicant had multiple DUI convictions, which weighed against a grant of discretion.

The full text of Ruiz v. Bondi can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2025/12/22/23-1095.pdf

Seventh Circuit Rejects Expansion of 1225 Detention Authority

The Seventh Circuit appears to have rejected the agency’s determination that any individual who entered without inspection is subject to mandatory detention under 8 USC 1225.

“The question is whether § 1225(b)(2)(A) covers any noncitizen who is unlawfully already in the United States as well as those who present themselves at its borders. For their part, Plaintiffs highlight a host of cases where courts have held that ICE’s authority to detain a noncitizen discovered within the country derives from § 1226(a) and not from § 1225(b). Based upon the text and structure of the two provisions, we believe that Plaintiffs have the better argument on the current record.”

The court did note that its decision was based on a preliminary record, leaving open the possibility that the government could better develop the record to support its argument.

The full text of Castanon-Nava v. Department of Homeland Security can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2025/D12-11/C:25-3050:J:Lee:aut:T:op:N:3465102:S:0

Sixth Circuit Finds that Kentucky First-Degree Burglary Conviction is not Crime of Violence

The Sixth Circuit has determined that a Kentucky conviction for first-degree burglary is not a crime of violence because it encompasses flight from a scene while armed, which does not necessarily involve the threat of physical force against others.

The full text of United States v. Reed can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0357p-06.pdf

Sixth Circuit Finds no Jurisdiction to Review Sua Sponte Motion

The Sixth Circuit has determined that even with the demise of Chevron deference and the extension of federal court jurisdiction as laid out in Wilikinson, it still does not have jurisdiction to review the denial of a sua sponte motion to reopen.

The full text of Herrera v. Bondi can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0338p-06.pdf

Sixth Circuit Finds no Jurisdiction to Review if Asylum Applicant Demonstrated Extraordinary Circumstances Related to Delay in Filing Application

The Sixth Circuit has determined that it lacks jurisdiction to review if an asylum applicant has demonstrated extraordinary circumstances related to the delay in filing his asylum application.

The full text of Osabas-Rivera v. Bondi can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0332p-06.pdf