Saturday, January 21st, 2017

Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization

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Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: "Attached is a holiday surprise from the BIA that might be of interest to others.

- Reversing IJ on the one yr. asylum bar finding extraordinary circumstances due to PTSD (entry 1984-filed 2008).  They did not directly address (but seemed to have accepted) the reasonableness argument of not filing asylum immediately with the US government who was supporting the Pinochet regime that perpetrated the persecution.

- Affirming IJ on no terrorist bar- supporting IJ finding that government evidence was "vague" (labeled org. ["Movement of the Revolutionary Left" or "MIR"] without