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Citations for ILW.COM's Seminar
Asylum For Experts
Session 2 held on August 19, 2009

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From David L. Cleveland


Internal relocation
Brezilien v. Holder, 565 F.3d 1163(9th Cir. May 12, 2009) IJ granted asylum. BIA reversed, saying he could be safe outside of Port-au-Prince. Is that improper fact-finding? -there is tension between D-I-M, 24 I&N Dec. 448, 451 [BIA 2008](suggesting that internal relocation is a "fact') and Matter of A-S-B-, 24 I&N Dec. 493, 497 (BIA 2008) {what may happen in the future is a legal determination]

The one-year deadline
April 9th to April 9th: Minasyan v. Mukasey, 553 F.3d 1224 (9th Cir. 2009)
Lived in Harrisburg: Oei v. Att'y Gen. 301 Fed. Appx 157 [3rd Cir. 2008]
Waited 364 days: Husyev v. Mukasey, 528 F.3d 1172 (9th Cir. 2008)

April 9th to April 9th: Minasyan v. Mukasey, 553 F.3d 1224 (9th Cir. 2009)

April 9th to April 9th: Minasyan v. Mukasey, 553 F.3d 1224 (9th Cir. 2009)

Material support
Matter of L-H- (BIA 7/10/09) Terrorists forced A to hand over a packed lunch and they took $4 from his chest pocket. Held: A did not "commit an act." Also, a lunch and $4 are not "material." They are de minimus.
[available at]

Unaccompanied alien children [UAC] Memorandum dated March 25, 2009 by Joseph E. Langlois [AILA Document 090-422-30

"safe haven" has been abolished: Mamouzian v. Ashcroft, 390 F.3d 1129, 1138 (9th Cir. 2004).

Negusie v. Holder 129 S. Ct. 1159 (March 3, 2009)
Diaz-Zannatta v. Holder 558 F.3d 450, 460 (6th Cir. 2009)

DHS brief dated April 13, 2009 [AILA document 090-716-64]

IJ O'Leary {Arlington VA ] [June 19, 2009] 13-page opinion
IJ Phillip Williams [Balt. MD] June 11, 2009 - 4-page opinion [this 13-year-old boy is a member of the ____ family] Bibdaily: "gang" then "abstracts" then "June 11, 09"

Carrera-Garrido v. Atty Gen 2009 us app lexis 3990 [3rd cir. 2009]
"former United States residents with children" might be a psg; remand!
-the gangs will believe I am rich; because I have children, the gangs will feel they can make me pay

January 14, 2009 decision by IJ Tsankov in Los Angeles [available at at its "Resource Library"]
Respondents were twin sisters, age 19, from El Salvador.
Gang members said: "join us, or we will rape you or kill you."
A psg must be visible; it must be recognized by others. Its membership must be delimited.

Respondents argue they are "female members of a vulnerable family that cannot protect themselves." [pg 26]
Also, they are "attractive twins." Pg 26.
A family is a social group. [pg 27]

They did not suffer physical harm, but they were deprived on a normal childhood. They were forced to change schools, and take expensive taxis. Held: this is past persecution. [comment: S-E-G- not mentioned.]

Informants are not a psg Soriano v. Holder 2009 us app lexis 13822 [9th cir. 6/26/09]
Scatambuli v. Holder, 558 f.3d 53 (1st Cir. 2009)[R lacked social visibility; very few people in society knew he was an informant; he had no outward characteristics that would cause others to recognize him as an informant]

Gang recruitment
Marroquin-Ochoma v. Holder 2009 us app lexis 16714 [8th Cir. 7/28/09] the gang just wanted to fill its ranks; refusal to join a gang is not necessarily politically motivated