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Let me start out by saying that “Czardashian” is my invention; it has of course never been used by the U.S. government. However, it is an apt descriptor for this administration’s approach to asylum based on family membership, describing in one word both the absurdity of the legal theory and a summary of its requirements.
Initially presented as an Attorney General opinio...
On October 8, the U.S. Court of Appeals for the Second Circuit published an opinion worthy of our interest. I will discuss the court’s opinion, the larger issue it highlights, and why it should give pause to Immigration Judges considering whether to pretermit CAT applications without a hearing pursuant to a new agency policy.
In Villalta Martinez v. Bondi,1 the...
On August 26, 2025, the U.S. Court of Appeals for the Tenth Circuit issued its decision in O.C.V. et. al. v. Bondi.1 This case was the direct appeal of the BIA’s precedent decision in Matter of M-R-M-S-2. In O.C.V., the Tenth Circuit thus vacated the Board’s precedent decision itself. In doing so the Tenth Circuit stated: “We agree with Petitioners ...