The United States Law Week

Immigration Judge Thumped Over Discretionary Denial of Asylum

July 30, 2020, 7:45 PM

An immigration judge abused his discretion by granting an immigrant withholding of removal and then upholding his denial of asylum without considering the effect that decision would have on the immigrant’s ability to reunite with his family, the Third Circuit said Thursday.

The applicable federal regulation required the judge to articulate his reasons he denied Santhakumar Sathanthrasa asylum after granting him withholding of removal and to consider reasonable alternatives for his reunification with his family, the opinion by Judge Cheryl Ann Krause said.

The judge granted Sathanthrasa withholding of removal after ruling he had a reasonable fear of persecution if...

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