Published Decisions

Al-Mousa v. Mukasey (9th Cir. 2008)
Background: Native of Sudan filed petition for review of decision by the Board of Immigration Appeals (BIA) dismissing the appeal from the immigration judge's denial of applications for asylum, withholding of removal and relief under the Convention Against Torture.

Holdings: The Court of Appeals held that:

(1) the case is remanded to the BIA to consider whether individuals under twenty-one years of age are minors under 8 C.F.R. § 1208.4(a)(5)(ii). § 1208.4(a)(5)(ii),

(2)alien failed to argue exception from timely filing requirements in his pro se BIA appeal,

(3)however, the BIA has not addressed whether a petitioner's status as a minor may forgive his or failure to exhaust a claim, and

(4)if the agency determines alien was a minor at the time of his application, this disability may provide an exception, also forgiving failure to exhaust his claim.