Briefs of Case Law

NB: Case law listed alphabetically by caption. Click on PDF for quick view of brief, or download Word Doc to copy and paste.

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) [March 31, 2020]: Cancellation of removal only granted if circumstances are truly “exceptional and extremely unusual.” (Word Doc Summary) (PDF Summary)

Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019) [Dec. 6, 2019]: CAT only covers torture perpetrated by a public official in his/her official capacity. (Word Doc Summary) (PDF Summary)

Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019) [Dec. 13, 2019]: IJ does not have personal responsibility to point out discrepancies in testimony in asylum cases, so long as the discrepancy is “obvious” OR it has been brought up by petitioner or DHS during the hearing. (Word Doc Summary) (PDF Summary)

Quinteros v. Attorney General, No. 18-3750, 1 (3rd Cir. 2019) [Dec. 17, 2019]: (1) INA requires an overt act for a crime to count as a “conspiracy” — without that act, it’s not an aggravated felony. (2) BIA did a terrible job applying Myrie‘s two-prong test for CAT eligibility.  (Word Doc Summary) (PDF Summary)

Sumalia v. Attorney General, No. 18-1342 (3d Cir. March 31, 2020): Threats are sufficient to establish persecution; BIA & IJ ignored case law and record re. reasonable fear; medical records and serious physical injury are not necessary to establish persecution; intimate details of sexual relationships are not necessary to establish sexual orientation. (Word Doc Summary) (PDF Summary)