Holding that central to the asylum statute is that persecution must be on account of a statutorily protected ground, making the assailant's "motive critical"
Holding that an applicant's "desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground"
Holding no requirement "to arrive at purely advisory findings and conclusions as to statutory eligibility" for immigration relief when application fails for other reasons
141 S. Ct. 2321 (2021) Cited 150 times 1 Legal Analyses
Finding that bills passed "during different legislative sessions by a substantially different composition of legislators" have sparse "probative value" in showing animus
Holding that 8 U.S.C. § 1229 "sets forth only a claim-processing rule" and that a defective notice to appear does not deprive an immigration judge of jurisdiction
Concluding that the evidence did not compel the conclusion that petitioner was more likely than not to suffer persecution on account of his sexual orientation in light of the Honduran government establishing a special unit in the attorney general's office to investigate crimes against LGBT persons and other vulnerable groups and that the record did not "compel the conclusion that there is a ‘systematic, pervasive, or organized’ pattern or practice of persecution of LGBT persons in Honduras"
Holding that a mother was persecuted because of her familial relationship to her son given that gang members sought to "leverage [her] maternal authority to control her son's activities" in order to get the son to join the gang
8 U.S.C. § 1231 Cited 8,089 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver