Case Law

CASE IRAP Freedom of Information Act litigation United StatesThe nonprofit IRAP brought numerous FOIA lawsuits to obtain government records on Afghan SIV applicant review, program status during the 2021 withdrawal, and contractor employment records. CASE Matter of Acosta United StatesBoard of Immigration Appeals · 1985 · 19 I. & N. Dec. 211Established that a particular social group must share a characteristic that is immutable, or so fundamental that members should not be required to change it. The foundation of social-group claims for Afghan interpreters, former officials, and women. CASE INS v. Cardoza-Fonseca United StatesU.S. Supreme Court · 1987 · 85-782Supreme Court decision holding that the well-founded-fear standard for asylum is more generous than the clear-probability standard for withholding of deportation. CASE Matter of Mogharrabi United StatesBoard of Immigration Appeals · 1987 · 19 I. & N. Dec. 439Set the standard for a well-founded fear of persecution, which may be objectively reasonable even where the chance of persecution is well below fifty percent. CASE INS v. Elias-Zacarias United StatesU.S. Supreme Court · 1992 · 502 U.S. 478Persecution “on account of” political opinion requires evidence of the persecutor's motive; forced recruitment does not by itself establish a political-opinion claim. Governs the nexus analysis in Afghan asylum cases. CASE Sale v. Haitian Centers Council, Inc. United StatesU.S. Supreme Court · 1993 · 92-344Supreme Court decision holding that non-refoulement provisions did not bar the interdiction and return of Haitian asylum seekers intercepted at sea. CASE Matter of S-A- United StatesBoard of Immigration Appeals · 2000 · 22 I. & N. Dec. 1328Held that a young woman persecuted for refusing to conform to strict religious rules governing the conduct and dress of women established eligibility on the basis of religion. Directly relevant to claims arising from Taliban edicts on women and girls. CASE United States v. Ali United StatesC.A.A.F. · 2012 · No. 12-0008/ARCourt of Appeals for the Armed Forces held that a non-U.S.-citizen contractor working for the U.S. military abroad could be held liable under the Uniform Code of Military Justice. CASE Nadheer v. Insurance Company of the State of Pennsylvania United States2013An Iraqi linguist seriously injured by a roadside bomb sought damages; the court found the Defense Base Act was his exclusive avenue to recover for his injury. CASE Matter of M-E-V-G- United StatesBoard of Immigration Appeals · 2014 · 26 I. & N. Dec. 227Refined the particular-social-group test to require immutability, particularity, and social distinction within the society in question. CASE Matter of W-G-R- United StatesBoard of Immigration Appeals · 2014 · 26 I. & N. Dec. 208Companion decision to M-E-V-G-, applying the particularity and social-distinction requirements to a proposed particular social group. CASE Nine Iraqi Allies Under Serious Threat v. Kerry United StatesD.D.C. · 2015 · 1:15-cv-00300Suit alleging unreasonable delay in adjudicating Iraqi Special Immigrant Visa applications for individuals who worked with the U.S. government. Held: resolved by a settlement under which the government agreed to speed adjudication of the delayed applications. CASE International Refugee Assistance Project v. Trump United StatesD. Md. · 2017 · 8:17-cv-00361Challenge to the 2017 executive orders restricting entry from designated countries and suspending the refugee admissions program. Held: lower courts enjoined the early travel-ban orders in part; the dispute was overtaken by Trump v. Hawaii (2018). CASE Pars Equality Center v. Trump United StatesD.D.C. · 2017 · 1:17-cv-00255Challenge to the 2017 executive orders restricting entry from designated countries and suspending refugee admissions. Held: largely resolved following Trump v. Hawaii (2018). CASE Trump v. International Refugee Assistance Project United StatesU.S. Supreme Court · 2017 · 16-1436Supreme Court order partially staying injunctions against the 2017 travel-ban order pending review. Held: the Court allowed the ban to take partial effect, then vacated the case as moot after the order was superseded. CASE Mikha v. Director, Office of Workers Compensation Program United States9th Cir. · 2017 · No. 17-71427An Iraqi driver injured by an improvised explosive device was denied Defense Base Act compensation for failing to establish an employer-employee relationship. CASE Barajas-Romero v. Lynch United States9th Cir. · 2017 · 846 F.3d 351Held that withholding of removal does not require the protected ground be “one central reason” for the harm, applying a less demanding nexus standard than asylum in the Ninth Circuit. CASE Trump v. Hawaii United StatesU.S. Supreme Court · 2018 · 17-965Supreme Court decision upholding the presidential proclamation restricting entry of nationals from several countries. CASE East Bay Sanctuary Covenant v. Trump United StatesN.D. Cal. · 2018 · 4:18-cv-06810Challenge to the 2018 rule barring asylum for noncitizens who enter the United States between ports of entry. Held: courts enjoined the rule as contrary to the asylum statute. CASE HIAS, Inc. v. Trump United StatesD. Md. · 2019 · 8:19-cv-03346Challenge to Executive Order 13888 requiring state and local consent for refugee resettlement. Held: the court preliminarily enjoined the order as likely contrary to the Refugee Act; the order was later revoked. CASE Global Linguist Solutions v. Abdelmeged United States9th Cir. · 2019 · No. 17-72516Court upheld a finding that an Iraqi linguist with PTSD arising from his work was entitled to compensation under the Defense Base Act. CASE HIAS, Inc. v. Biden United States4th Cir. · 2020 · 20-1160Appeal in the litigation over the executive order conditioning refugee resettlement on state and local consent. Held: resolved as moot after the executive order was revoked in 2021. CASE John Doe v. United States (Chief-of-Mission approval) United States2021Lawsuit challenged the withdrawal of an Afghan SIV applicant's Chief-of-Mission approval; the State Department issued the visa and the case was dismissed. CASE Mohammad v. Blinken United States2022Lawsuit to compel protection and relocation of family members of Afghan local staff applying for the SIV; visas were issued and the case was closed without a ruling. CASE S.A.M. v. State United States2024Lawsuit challenging eligibility denials for Afghan SIVs as inadequate; the government moved to dismiss and there was no court ruling. CASE Trump v. CASA, Inc. United StatesU.S. Supreme Court · 2025 · 24A884Supreme Court decision limiting the use of universal injunctions, arising from challenges to the executive order on birthright citizenship. CASE M.M.M. v. State United States2025Lawsuit challenging the exclusion of children who aged out during SIV processing timelines, resulting in updated Department of State policy. CASE Yasini Doe v. Department of State United StatesD.D.C. · 2025 · No. 1:25-cv-3676Three former Afghan security-force employees challenged the State Department's determination that employees of Afghan state-owned entities are ineligible for the SIV program. CASE Mullin v. Al Otro Lado United StatesU.S. Supreme Court · 2026 · 25-5Supreme Court decision on asylum access at the southern border, arising from the long-running challenge to CBP 'metering' at ports of entry. Held: a noncitizen standing in Mexico has not “arrived in the United States” by attempting and failing to cross, so the immigration laws neither entitle them to apply for asylum nor require inspection. The Court reversed the Ninth Circuit and held the case not moot, since the declaratory judgment still bars metering within that circuit.

LAW INA § 208; 8 U.S.C. § 1158Asylum, including the one-year filing deadline and its exceptions at § 208(a)(2)(B), (D). LAW INA § 241(b)(3); 8 U.S.C. § 1231(b)(3)Withholding of removal: the clear-probability standard, mandatory when met and not discretionary. LAW 8 C.F.R. § 1208.13Asylum eligibility, the past-persecution presumption, and pattern-or-practice claims. LAW 8 C.F.R. §§ 1208.16–1208.18Withholding of removal and protection under the Convention Against Torture. LAW 8 C.F.R. § 1208.4The one-year deadline, and changed and extraordinary circumstances excusing delay.