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BIA Grants Remand to Our Client

Our attorneys at The Modi Law Firm were recently granted a remand from the Board of Immigration Appeals (BIA) in a Matter of A-B- type case. The decision handed down by the BIA is significant because an immigration judge initially ruled that our client’s feminist beliefs and actions did not constitute political opinion.

The immigration judge also rejected our clients’ proposed PSGs because they “lacked social distinction and identification.” According to the immigration judge, the court was bound by that decision as controlling precedent. Another major factor in the case was the fact that the court ruled that although our client was subjected to persecution, there was no link between the persecution and our client’s membership in a particular social group.

According to the BIA, the immigration judge failed to “sufficiently explain why the Respondent’s belief in women’s equality, as expressed to her former partner, does not constitute a political opinion.” Additionally, the BIA said the immigration judge’s “decision does not adequately explain why the particular social groups proposed by the respondent are insufficient to be viewed as legally cognizable for purposes of the Act, or why there is no nexus between any past persecution suffered or future persecution feared.”

Ultimately, the BIA’s decision disputes the immigration judge’s reliance on Matter of A-B- and establishes the need for an individualized analysis of the respondent’s claims under Matter of A-B-.

Speak to an Immigration Attorney About Your Case Today

At The Modi Law Firm, we are committed to helping immigrant families and business owners resolve all of their legal matters. Whether you need help seeking asylum or petitioning for a work visa, we are here to guide you through each step of the legal process to ensure your rights are fully protected. Stop by our law office to discuss your situation with one of our seasoned Houston immigration lawyers today.

Call (832) 514-4030 to set up your consultation with a member of our law firm. We take on cases throughout the state of Texas!

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