Law Office of Sabrina Damast

05/16/2026

The Board of Immigration Appeals has determined that a Mexican respondent did not establish eligibility for deferral of removal under the Convention Against Torture based on feared harm from the Sureños and the CJNG:

The Board of Immigration Appeals has determined that a Mexican respondent did not establish eligibility for deferral of removal under the Convention Against Torture based on feared harm from the Sureños and the CJNG. The respondent claimed that he would be tortured because he had cooperated with U....

05/16/2026

The Board of Immigration Appeals has determined that the words "arrival" and "arrived" in the serious nonpolitical crime bars refer to a respondent's most recent arrival in the United States:

The Board of Immigration Appeals has determined that the words "arrival" and "arrived" in the serious nonpolitical crime bars refer to a respondent's most recent arrival in the United States. The respondent, a lawful permanent resident, argued that the bar did not apply because t

05/16/2026

The Board of Immigration Appeals has determined that the proposed particular social group of "married Mexican women who are unable to leave their relationship" is not cognizable because it is circularly defined and lacks particularity:

The Board of Immigration Appeals has determined that the proposed particular social group of "married Mexican women who are unable to leave their relationship" is not cognizable because it is circularly defined and lacks particularity. The Board also held that a lawful marriage cannot be p

05/16/2026

The Ninth Circuit has determined that DHS is not constitutionally required to translate a Notice to Appear into a respondent's native language in order to advise the respondent of the obligation to update her address:

The Ninth Circuit has determined that DHS is not constitutionally required to translate a Notice to Appear into a respondent's native language in order to advise the respondent of the obligation to update her address. The petitioner argued that her in absentia removal order should be reopened becaus

05/16/2026

The Ninth Circuit has determined that substantial evidence review applies to the agency's conclusion that undisputed facts do not rise to the level of persecution:

The Ninth Circuit has determined that substantial evidence review applies to the agency's conclusion that undisputed facts do not rise to the level of persecution. The Court explained that, under Urias-Orellana v. Bondi , the agency's application of the INA to established facts is reviewed under th

05/16/2026

The Seventh Circuit has dismissed in part and denied in part a petition for review filed by an Indian Muslim who sought asylum, withholding of removal, and CAT protection:

The Seventh Circuit has dismissed in part and denied in part a petition for review filed by an Indian Muslim who sought asylum, withholding of removal, and CAT protection. The Court held that it lacked jurisdiction to review the determination that the asylum application was untimely, because the pet

05/16/2026

The Seventh Circuit has determined that the district court did not abuse its discretion in extending a consent decree governing warrantless civil immigration arrests in the Chicago Field Office by 118 days:

The Seventh Circuit has determined that the district court did not abuse its discretion in extending a consent decree governing warrantless civil immigration arrests in the Chicago Field Office by 118 days. The Court found that the extension was supported by the government's substantial noncomplianc

05/16/2026

The Sixth Circuit has determined that the Sixth Amendment does not require criminal defense counsel to advise a naturalized U.S. citizen that a guilty plea may create a risk of later civil denaturalization and removal:

The Sixth Circuit has determined that the Sixth Amendment does not require criminal defense counsel to advise a naturalized U.S. citizen that a guilty plea may create a risk of later civil denaturalization and removal. The petitioner, a naturalized citizen, argued that his guilty plea was constituti

05/16/2026

The Sixth Circuit has determined that non-citizens arrested in the interior of the United States, years after entering without inspection, are not subject to mandatory detention under 8 USC 1225(b)(2)(A):

05/16/2026

The Fifth Circuit has determined that a Salvadoran respondent's untimely motion to reopen did not qualify for the changed country conditions exception:

The Fifth Circuit has determined that a Salvadoran respondent's untimely motion to reopen did not qualify for the changed country conditions exception. The respondent argued that he faced increased danger in El Salvador after his father-in-law, an alleged former MS-13 official, was arrested and extr

05/11/2026

The Board of Immigration Appeals has determined that disapproval of or opposition to criminal gangs is not sufficient to establish a political opinion under the INA:

The Board of Immigration Appeals has determined that disapproval of or opposition to criminal gangs is not sufficient to establish a political opinion under the INA. To establish a political opinion, the applicant must have an actual or imputed belief or conviction regarding a discrete cause that is