Background of Case
A client’s case was denied under negative case law from the Trump Administration, which made it impossible for people to win asylum based on domestic violence claims. During the appeal, the negative case law was reversed, so the client tried to have their case sent back to the Immigration Judge to raise their claim for asylum based on domestic violence. The Board of Immigration Appeals denied their case.
Outcome
Murray Osorio filed a petition for review with the Court of Appeals for the Fourth Circuit. Additionally, Murray Osorio filed a motion to reconsider the denial with the Board of Immigration Appeals (BIA), and a motion to reopen the case, given that during the appeal, the client became eligible for a new form of relief called Cancellation of Removal.
This motion was also denied; therefore, Murray Osorio appealed this denial as well to the Court of Appeals for the Fourth Circuit.
Today, the Fourth Circuit agreed that our client should have the opportunity to raise her domestic-violence-related asylum claim and apply for cancellation of removal!