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Schnader’s Appellate Team Wins Third Circuit Reversal of Asylum Petition Dismissal and Halts Deportation of Political Refugee from Nepal

On July 16, 2019 by Schnader in Appellate

Schnader’s appellate team of Stephen Fogdall, Rachel Horton, and Timothy Lewis successfully advocated for the U.S. Court of Appeals for the Third Circuit to reverse the dismissal of the asylum petition of a political refugee from Nepal, effectively halting his deportation and allowing his asylum request to proceed.

The federal appeal, Yagendra Tilija v. Attorney General United States of America, No. 17-2765 (3d Cir. 2019), involved the review of an order of the U.S. Board of Immigration Appeals. The BIA had affirmed the initial decision of the immigration judge and declined to consider new evidence produced by Tilija.

Schnader provided pro bono representation for Tilija’s appeal, persuading the Third Circuit that the government erred in its consideration of new evidence offered by Tilija. This evidence demonstrated that Tilija and his wife have both been victims of persecution and also that Tilija’s wife was assaulted and raped because of his political activities in Nepal. The Third Circuit concluded:

“The Board’s rejection of Tilija’s motion to remand was improper. The BIA applied the wrong standard in evaluating his motion to remand, failing to take his new evidence as true. Additionally, Tilija successfully made a prima facie claim under the correct standard: he presented evidence demonstrating a reasonable likelihood that he would prevail on the merits. We will thus grant Tilija’s petition for review, hold that he establishes a prima facie claim, and remand for further proceedings consistent with this opinion.”

Additional details of this pro bono matter were reported by The Legal Intelligencer in “Nepali Political Refugee’s Deportation Halted by 3rd Circuit Amid New Evidence of Attacks.”

Schnader’s Appellate Practice Group briefs and argues civil and criminal appeals and provides appellate consulting and mooting of oral advocates as well as trial-level appellate advising. We handle matters in both federal and state appellate courts throughout the country, and in particular appear regularly in the United States Court of Appeals for the Third Circuit and the Pennsylvania state appellate courts.