Attorney Anna L Benvenue's Legal Cases

Immigration

Bidya Sagar Pradhan v. Holder, 515 Fed. Appx. 703 (9th Cir. 2013)

Apr 22, 2013

OUTCOME: Ninth Circuit granted the petition for review

Bidya Sagar Pradhan petitioned for review from the Board of Immigration Appeals' denial of his claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The ... Ninth Circuit held that substantial evidence did not support the determination of the immigration judge (IJ) that Pradhan's political opinion was not a "central reason" for his persecution. Though the IJ stated that the Maoists never referenced Pradhan's political affiliation, Pradhan testified that a Maoist leader told him the Maoists targeted Pradhan "since you are a businessman and you are that Nepali Congress supporter. . . ." In light of this direct evidence of his persecutors' motives, which the IJ did not address, and other evidence in the record, any reasonable factfinder would conclude that Pradhan's political opinion was one central reason for his persecution.

Immigration

Stetco v. Holder, 498 Fed. Appx. 677 (9th Cir. 2012)

Nov 16, 2012

OUTCOME: Ninth Circuit granted the petition for review

Anamaria Iona Stetco, a native and citizen of Romania, petitioned for review of the Board of Immigration Appeals' (BIA) order dismissing her appeal of an immigration judge's (IJ) decision denying her a ... pplication for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Given the government's multiple waivers before this court, Stetco must prevail as to whether there was substantial evidence to support the BIA's adverse credibility finding. Stetco is therefore deemed credible for the purposes of assessing her asylum, withholding of removal, and CAT claims. Therefore the Ninth Circuit remanded her proceedings for reconsideration of her asylum claim.

Immigration

Singh v. Holder, 493 Fed. Appx. 864 (9th Cir. 2012)

Sep 05, 2012

OUTCOME: Ninth Circuit granted the petition for review and the Immigration Judge ultimately granted asylum.

Darshan Singh, a native and citizen of India, petitioned for review of the denial of his asylum application on the basis that he lacked credibility. The Immigration Judge, after agreeing to continue re ... direct examination to a future date, issued her decision prior to that date. Because the IJ's premature decision denied Mr. Singh due process of law, the Ninth Circuit vacated the decision by the Board of Immigration Appeal and remand this case to the BIA to allow Mr. Singh redirect examination. Upon his new hearing in Immigration Court, Mr. Singh was granted asylum.

Immigration

Garcia v. Holder, 472 Fed. Appx. 467 (9th Cir. 2012)

Mar 19, 2012

OUTCOME: Ninth Circuit granted the petition for review

Jessica Garcia petitioned for review of the Board of Immigration Appeals' ("BIA") decision affirming her removal order. Garcia argued that the government did not meet its burden of proving that she is ... an alien. The Ninth Circuit agreed, holding that "the BIA/IJ erred by shifting the burden to Garcia without first determining whether the testimony she presented credibly contradicted the government's prima facie evidence of foreign birth." See Murphy, 54 F.3d at 610 (explaining that prima facie evidence is "evidence which, if unexplained or uncontradicted, is sufficient to sustain a judgment in favor of the issue which it supports, but which may be contradicted by other evidence."). The Ninth Circuit therefore granted Garcia's petition and remand for the BIA to determine, after weighing the evidence, whether the government has met its burden.

Immigration

Ali v. Holder, 637 F.3d 1025 (9th Cir. 2011)

Mar 18, 2011

OUTCOME: Ninth Circuit granted the petition for review

Indo-Fijian asylum seeker appeals the BIA’s determination that the Government had rebutted a presumption of a well-founded fear of persecution based on changed country conditions in Fiji. The petition ... er, likewise, appeals the BIA’s denial of his motion to reopen based on new evidence that the Fiji government had been overthrown by a military coup, the principal government actor of the petitioner’s past persecution. The Ninth Circuit reversed the BIA’s determinations, finding that it had not done an individualized assessment when analyzing the government’s rebuttal evidence of changed circumstances and abused its discretion on the motion to reopen for failing to analyze the effect of the recent military coup on the petitioner’s presumption of a well-founded fear of persecution.

Immigration

Kumar v. Holder, 399 Fed. Appx. 281 (9th Cir. 2010)

Oct 12, 2010

OUTCOME: Ninth Circuit granted the petition for review

Vinod Kumar, a native and citizen of India, petitioned for review of the decision by the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and relief under ... the Convention Against Torture (CAT). The BIA found that the government had sufficiently rebutted the presumption that Kumar has a well-founded fear of future persecution if he returns to India. The Ninth Circuit granted the petition for review, and remanded this matter to the BIA "to assess whether changed country conditions rebut the presumption based on the proper legal standards including an individualized determination."

Anna L Benvenue's Legal Cases (6)

Bidya Sagar Pradhan v. Holder, 515 Fed. Appx. 703 (9th Cir. 2013)

Stetco v. Holder, 498 Fed. Appx. 677 (9th Cir. 2012)

Singh v. Holder, 493 Fed. Appx. 864 (9th Cir. 2012)

Garcia v. Holder, 472 Fed. Appx. 467 (9th Cir. 2012)

Ali v. Holder, 637 F.3d 1025 (9th Cir. 2011)

Kumar v. Holder, 399 Fed. Appx. 281 (9th Cir. 2010)