A Honduran family came to us after their asylum application was denied at every level. The Immigration Judge (IJ) ruled against them, and the Board of Immigration Appeals (BIA) denied their appeal without explanation. Despite receiving credible and specific death threats, being forced into hiding for six months, and fleeing their home country in fear, the immigration courts dismissed their fear of future persecution. They refused to grant them protection from removal/deportation.
They didn’t give up, and neither did we. As new counsels, we substituted in and got to work.
Watch Haitham Ballout in action:
We challenged the immigration court’s decision, asserting that they failed to provide a reason for rejecting their well-founded fear of future persecution. In a recent unanimous ruling by a three-judge panel made in February 2025, the Ninth Circuit Court of Appeals affirmed that the lower court had made an error by assuming that past threats alone were insufficient to determine the reasonableness of future fear. The court also observed that the BIA neglected to thoroughly assess the country’s conditions, failing to provide any citations or analyses in its conclusion that the Honduran government could safeguard the family. The case was returned (remanded) for a fresh review, giving the family another chance to pursue asylum. We will stand by their side during this new round.
Key Issues in the Case
- The family had received credible, specific death threats during physical confrontations, which forced them into hiding before they fled Honduras.
- The court found that the BIA failed to explain why these threats didn’t amount to a reasonable fear of future persecution.
- The country conditions evidence was not properly assessed, making it impossible to determine whether the government could provide protection.
- The Ninth Circuit ruled that threats can still support an asylum claim even if not classified as past persecution.
Our Experience at the Ninth Circuit Court of Appeals
Appeals to the Ninth Circuit or other federal circuits are usually filed after the Board of Immigration Appeals (BIA) rejects an appeal. Following a BIA denial, you have a very limited 30-day window to file an appeal with the Circuit Court.
Our office boasts extensive experience arguing immigration matters before federal Circuit Courts, particularly the Ninth Circuit Court of Appeals. We have successfully represented individuals and even secured favorable published decisions that have significantly shaped immigration law.
In one published case, Maldonado vs. Holder (9th Cir. en banc 2015), our office won before a full Ninth Circuit en banc 11-judge panel. This landmark decision addressed the burden of proof for internal relocation and modified and overruled previous Ninth Circuit rulings on Convention Against Torture (CAT) claims.
This level of advocacy can make the difference between deportation and continuing to live peacefully in the USA, protected by the full force of U.S. law.
Contact us today to learn more about our federal appellate experience or seek a second opinion on an ongoing appeal.
📍 Our office is located in San Mateo, in the heart of the San Francisco Bay Area, but we proudly serve clients across the United States. No matter where you are, we are ready to assist you.

Let’s start today.
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Let’s start today.
Book a virtual or in person consultation.