The case was brilliantly argued by Jay Marks, Esq., of Silver Spring, MD.
Respondent, born in Honduras in 1995, suffered no physical harm there. He entered the United States without inspection in 2005, and was convicted twice for possession of marijuana in Virginia. An aunt was robbed and murdered in Honduras, in 2009, by a “group.” Another aunt in Honduras received some phone threats; “it was not clear what the callers wanted;” she paid no money, and is still alive.
In May 2015, police in Virginia and DHS determined, in writing, that respondent “is” a gang member. Respondent and his father denied this. Father said that respondent attended church while in detention. Judge Harris found respondent to be credible, and not a gang member.
Thomas J. Boerman, Ph. D., testified as an expert, and opined that Honduran police, private citizens and also gangs would probably torture and kill respondent.
Country conditions evidence
Judge Harris did some research himself, finding the January 2016 Human Rights Watch report. Opinion at 3, footnote 2. He also found and quoted from Report for the Department of Justice:
On Friday, April 22, Bernard Wolfsdorf, Managing Partner of Wolfsdorf Rosenthal LLP, spoke on a panel at the 9th Annual EB-5 Advocacy Conference in Washington, D.C. hosted by Invest in USA with Mr. Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State.
During the panel, Mr. Oppenheim released preliminary visa issuance data for the first six months of Fiscal Year 2016 (October 1, 2015 – March 31, 2016) on EB-5 immigrant visas.
Ten Things I Learned from Charles Oppenheim, Chief of the Visa Control and Reporting Division within the U.S. Department of State during our IIUSA Panel on April 22, 2016
Chinese nationals received 80.40% of the EB-5 immigrant visas issued in FY 2016 to date. This is down from 83.54% in FY 2015.
South Korea is back in 2nd place with almost 3% (2.98%) of EB-5 visas pushing Vietnam into 3rd place (1.64%). Vietnam had 2.86% of all EB-5 immigrant visas in FY 2015.
In 4th place is Taiwan with 1.63% and Venezuela comes back into top 5 with 1.03%. Venezuela was last in the top 5 in FY 2013.
The I5 EB-5 category, that is $500,000 Regional Center – TEA cases continue to dominate the program constituting 95% of all EB-5 immigrant visas issued in the first 6 months of FY 2016, compared with 98.2% in FY 2015.
The T5 EB-5 category, that is $500,000 Direct – TEA cases increased to 3.08% of all EB-5 immigrant visas issued in FY 2016 to date, compared with only 0.94% in FY 2015.
The C5 EB-5 category, that is $1m Direct, non-TEA increased dramatically by 189% to 1.74% of all EB-5 immigrant visas issued in FY 2016 to date, compared with 0.6% in FY 2015.
In FY 2015, 991 EB-5 Form I-485 Adjustment of Status applications were filed, whereas, in the first 6 months of FY 2016 alone, 731 I-485s were filed. Adjustments are on pace to increase by 47% from FY 2015. This is almost certainly
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