A BIA precedent decision established that 237(a)(1)(H) waiver is available to alien who was not in possession of valid immigrant visa but did not commit fraud. Prior to this case, alien would not receive waiver under this provision because ICE would not charge the alien with fraud if it thought the alien would seek waiver under this law. To read the case, please click the link here.
2. In a precedent decision in which our firm represented the petitioner, the 9th Circuit Court of Appeals in Zhang v. Ashcroft rejected immigration judge’s finding that the respondent could avoid persecution by practicing his belief in the privacy of his own home. The court states that to require respondent “to practice his belief in secret is contrary to our basic principles of religious freedom and the protection of religious refugees”. This case is very important in that the Asylum Office cannot deny asylum application by asking an applicant to practice his belief at home in order to avoid persecution. To read the case, please click the link: