Block on Trump's Asylum Ban Upheld by Supreme Court
Petition for Review of BIA Order Granted
In Javhlan v. Holder, No. 06-71565, a petition for review of a decision by the Board of Immigration Appeals (BIA) denying petitioner's applications for asylum, withholding of removal, and protection under the Convention Against Torture, the court granted the petition where the IJ erred in relying only on petitioner's unexplained detention in Mongolia to find that there was no past persecution, particularly in light of the frequent harassment and serious threats the Secret Police agents made to petitioner's life and safety.
As the court wrote: "Dashdavaa Javhlan1 ("Javhlan "), a native and citizen of Mongolia, petitions for review of a decision by the Board of Immigration Appeals ("BIA") denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). An immigration judge ("IJ") denied Javhlan's applications for relief and the BIA affirmed without opinion pursuant to 8 C.F.R. § 1003.1(e)(4)."