Latest Case: Rubio Barahona v. Wilkinson (Immigration Law)

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Rubio Barahona v. Wilkinson

Docket: 20-1546

Opinion Date: February 3, 2021

Judge: Erickson

Areas of Law: Immigration Law

Petitioner sought review of the BIA's decision upholding the denial of his request for asylum and withholding of removal, based on a finding that serious reasons exist to believe Barahona committed a serious nonpolitical crime outside the United States. The Eighth Circuit held that the "serious reasons for believing" standard requires a finding of probable cause before an alien can be subject to the mandatory bar set forth in 8 U.S.C. 1158(b)(2)(A)(iii), 8 U.S.C. 1231(b)(3)(B)(iii), and 8 C.F.R. 1208.16(d)(2). Because no such finding was made in this case, the court reversed and remanded for further proceedings.