immigration appeals

Explore detailed resources and expert interviews about the process of challenging immigration decisions, including the steps involved in filing appeals and navigating the legal system. Visitors will find insights into how immigration courts handle appeals, what common grounds for appeal are, and the role of immigration lawyers in these proceedings. This content is designed to provide a comprehensive understanding of the complexities involved in the U.S. immigration appeal process.

The New LGBTQ Asylum Rulings Every Refugee Lawyer Is Reading

U.S. asylum law now more clearly recognizes LGBTQ applicants as qualifying for protection when they can show persecution tied to sexual orientation or gender identity and their government is unwilling or unable to protect them. Recent rulings have refined what counts as “particular social group,” how to prove nexus and credibility, and when internal relocation […]

Arbitrary and Capricious Review in Immigration Law Decisions

Administrative Law, Appeal Process, Civil Litigation, Civil Rights, Constitutional Law, Court Procedures, Courtroom Practices, Evidence, Expert Legal Advice, Immigration Law / Jack Gilbert

“Arbitrary and capricious” review is the deferential standard courts use to overturn an immigration decision only when the agency fails to offer a reasoned explanation grounded in the record and law. Rooted in the Administrative Procedure Act, it requires decisionmakers to consider relevant evidence, explain departures from prior practice, and avoid clear errors of judgment.

Arbitrary and Capricious Review in Immigration Law Decisions Read More »