Latest 2 Cases: Avendano v. Balza (Family Law), Al Amiri v. Rosen (Government & Administrative Law)

The Invisible Man and His Visible Victim

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a movie some have described as one of the best of 2020, The Invisible Man, and describes how the story in the movie offers possibilities for envisioning accountability for domestic violence and other crimes that often receive dismissive treatment under the heading of “he said/she said.” Professor Colb briefly describes the plot of the movie (including spoilers), and explains why the movie is so revelatory.

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Avendano v. Balza

Docket: 20-1251

Opinion Date: January 11, 2021

Judge: Katzmann

Areas of Law: Family Law

The First Circuit affirmed the judgment of the district court denying Mother's petition under the Hague Convention on the Civil Aspects of International Child Abduction for return of her son (Child) to Venezuela from the United States, holding that the district court properly exercised its discretion in refusing Mother's petition. Mother sought Child's return to Venezuela, alleging that Father abducted Child in contravention of The Hague Convention and a Venezuelan child custody order. The district court concluded that Father admitted to retaining Child in contravention of the Hague Convention but that Father had established that Child was a mature child such that the court should consider Child's stated desire to remain with Father in the United States. The First Circuit affirmed, holding that the district court did not clearly err in rejecting Mother's claim that Father unduly influenced Child and in determining that Child was of the age and maturity to state his viewpoint that he should remain in the United States and not return to Venezuela.

Al Amiri v. Rosen

Docket: 19-1447

Opinion Date: January 11, 2021

Judge: David J. Barron

Areas of Law: Government & Administrative Law, Immigration Law

The First Circuit vacated and remanded the ruling of the Board of Immigration Appeals (BIA) denying Petitioner's claims for asylum and withholding of removal, holding that substantial evidence did not support the BIA's finding that Petitioner lacked a reasonable basis for his fear of being harmed on account of his membership in a particular social group. Petitioner, an Iraqi citizen, sought relief from removal on the grounds of asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). Petitioner asserted that he feared he would be subjected to harm in Iraq at the hands of members of Iraq's military or civilian insurgents in Iraq on account of his work as a paid contractor for the United States Army during the war in Iraq. The BIA denied all claims. The First Circuit vacated the BIA's decision in part, holding (1) the record evidence failed to support the BIA's affirmance of the immigration judge's finding that Petitioner did not sufficiently show that he had an objectively reasonable basis for fearing that he would face harm in Iraq; and (2) the BIA properly denied Petitioner's claim for relief under the CAT.