Ivanov v. Holder - Excellent First Circuit Asylum Decision

In a recent decision, the First Circuit reversed a BIA decision and remanded for further proceedings.  The Court found that the IJ and BIA had erred in finding that the Petitioner's persecution was not "on account of" of his Pentecostal faith.  It was a terrific outcome.  The only disappointing aspect of the case was the  vigorous dissent written by Judge Kayatta, the newest member of the Court.  The dissent found that substantial evidence showed that Petitioner was not persecuted on account of his religion.  The case can be found here: Ivanov v. Holder

Congratulations to Randy Olen and Bob Watt for their terrific work.   

December 2013 Visa Bulletin - EB-2 Retrogression for India

DOS Visa Bulletin for December 2013. The family categories have all moved slightly forward, but India visa preference categories. Employment-based second preference for India retrogresses from 6/15/08 to 11/15/04.

Claros Cantarero v Holder -- new First Circuit gang-related social group case.

New First Circuit case -- no surprise -- a compelling gang related asylum case denied:  Claros Cantarero v Holder,   http://media.ca1.uscourts.gov/pdf.opinions/12-1624P-01A.pdf .  The First Circuit declined to follow the 6th and 7th Circuits in finding that gang members, or former gang members, can constitute a social group.