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.   

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.

New First Circuit case on REAL ID

In Guta-Tolossa v Holder, No. 10-2132P (1st Cir. March 16, 2012), The First Circuit addressed the credibility provisions of the REAL ID Act of 2005.  REAL ID has made it more difficult for applicants, particularly asylum seekers, to present their claims, especially if no corroborating evidence is available.  The First Circuit leaves open (for the Board to decide) whether an applicant should be given notice and an opportunity to produce additional evidence if deemed to be otherwise credible.  

This seems only fair:  asylum seekers are often in the worst position to obtain corroborating evidence.  They have fled their countries of origin and may place friends or family members in danger if they try to communicate with them.  If their testimony is credible, that should be enough.  If their testimony is otherwise credible and the Judge determines that it is reasonable to obtain corroborating evidence, the applicant should be allowed to do so.