Family Not A Social Group Says Attorney General

Family Not A Social Group Says Attorney General


good afternoon my name is Alena Shautsova I’m an immigration attorney from Brooklyn New York
in today’s legally speaking video I would like to give you some updates on
status of the law in the United States regarding family as a social group in
asylum claims just recently Attorney General issued a new decision in the
matter of L-E-A that states that a family will normally be recognized by by asylum
offices and immigration judges is a social group for silent purposes unless
the person can prove that family itself a socially visible in the community away
it exists so what it means is basically that if before we could defined a person
belonging to a social group of one’s family now it seems it will no longer be
possible and that’s a family itself somehow visible in the community I’m
pretty sure that goes against the federal decision so by federal courts in
various districts because it’s very restrictive but it’s impossible to to
prove a claim like that and a good example of that would be for example
when let’s say a family of a large land owners right so that families not only
as a family but why it’s visible in the community it’s because they possess
something that is constant and is and it’s making them visible making these
people visible in the community of course it’s a disappointing decision one
of many that is targeting asylum area of law one of many that is going to cut
people’s ability to receive relief in the United States make it harder
make it more difficult but I guess we will see the development how it’s going
to how the law is going to develop how everything is going to go around it or
against it or way that shortly because what happens in the United States is
that there are individual judges immigration law judges of make decisions
they have to follow the Board of Immigration Appeals precedents and they
have to fall decisions by Attorney General but they’re also federal courts
that do not do that they did not form of those precedents unless there is a there
is a reason for that it was called interpretation of the law by the agency
and so and so forth but if a federal court feels that the interpretation of
the law is incorrect then the federal court is going to rule against it and in
this particular situation right now what’s happening is that Family Court
ruled prior for example Second Circuit recognized family as the social group
and now there is a decision by chair in general saying it’s not and by itself
family cannot be there have to be something else there so I guess we’re
going to see how it’s all going to develop unfortunately some people will
have to be peon ears I’ll have to go to court and that cases are going to be
ruled on and I’ve dealt with by lawyers prosecutors and judges when we’re going
to see what what really is going to happen was that other than that asylum
still exists in the United States is a relief that the person can apply for
sometimes a person has to be creative and at times certain actions can also
qualify as a political opinion for example refusal to pay bribes advocating
for gay rights maybe advocating against violence
against women it also can be as a political opinion
okay claim not only social group so unfortunately often persons relief
will depend on this little technicalities lawful technicalities but
these updates for Asylum law for today maybe tomorrow we’re going to have
something else and I’m going to let you know and you can learn more about asylum
and other forms of immigration benefits on our website www.shautsova.com

Author: Kennedi Daugherty

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