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Daniel M. Kowalski
5 days ago
Immigration Law
Outside News
Expert: Biden Between a "Rock and a Hard Place" on Asylum
Aline Barros, VOA, May , 2024 "President Joe Biden on Thursday proposed a new regulation to expedite the asylum claims process for specific migrants at the U.S.-Mexico border, but the plan drew objections from both immigrant advocates and administration...
Daniel M. Kowalski
5 days ago
Immigration Law
Outside News
CBP FOIA Lawsuit Filed
CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER, AL OTRO LADO and TEXAS CIVIL RIGHTS PROJECT v. CBP "This is an action seeking to compel U.S. Customs and Border Protection (“CBP”), a component of the U.S. Department of Homeland Security...
Daniel M. Kowalski
6 days ago
Immigration Law
Inside News
Proposed Asylum Rule (Advance Copy)
This document is scheduled to be published in the Federal Register on 05/13/2024 Application of Certain Mandatory Bars in Fear Screenings "DHS proposes to allow asylum officers (“AOs”) to consider the potential applicability of certain...
Daniel M. Kowalski
13 days ago
Immigration Law
Outside News
“We Couldn’t Wait” - Digital Metering at the US-Mexico Border
HRW, May 1, 2024 "The administrations of US President Joe Biden and Mexican President Andrés Manuel López Obrador are forcing thousands of people seeking asylum in the US to wait for months in Mexico, exposing them to danger, Human...
Daniel M. Kowalski
21 days ago
Immigration Law
Inside News
CA10 on Asylum, Chevron: Rangel-Fuentes v. Garland
Rangel-Fuentes v. Garland "Cristina Rangel-Fuentes petitions for review of a final order of removal issued by the Board of Immigration Appeals (BIA), arguing that under 8 U.S.C. § 1229b(b)(1)(D), the age of a qualifying child for the purposes...
Daniel M. Kowalski
27 days ago
Immigration Law
Inside News
Challenge to Asylum IFR Fails - Arizona v. Garland
Arizona v. Garland "This is a challenge by 19 states to an administrative action of the Executive Branch establishing a new procedure for adjudicating asylum applications under federal immigration law. The new process – set forth in an Interim...
Daniel M. Kowalski
29 days ago
Immigration Law
Outside News
Can President Biden Really Shut Down Asylum at the Border? A Q&A with Immigration Expert Aaron Reichlin-Melnick
Melissa del Bosque, The Border Chronicle, Apr. 16, 2024 "Spoiler alert: No, he can't. But he'll probably issue an executive order anyway. The Border Chronicle spoke with immigration expert Aaron Reichlin-Melnick, policy director at the...
Daniel M. Kowalski
1 month ago
Immigration Law
Outside News
Law School Clinic Rescues Haitian Client
Miami Law Staff, Apr. 2, 2024 "The University of Miami School of Law Immigration Clinic halted the deportation of a Haitian woman by demonstrating to an immigration judge the substantial risk of torture she faces upon return to Haiti. Amelia...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
CA1 on Mixed Motive: Khalil v. Garland
Khalil v. Garland "We grant the petition for review in part, vacate the decision of the BIA as to Khalil's asylum claim premised on mixed-motive persecution and as to his CAT claim, and remand for further proceedings consistent with this opinion...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
CA9 on Persecution: Singh v. Garland
Singh v. Garland "Singh experienced multiple physical attacks and death threats over an eight-month period, from November of 2014 to June of 2015. No reasonable factfinder would conclude that Singh did not experience serious harm rising to the...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
CA1 on Social Group: Ferreira v. Garland
Ferreira v. Garland "Pamlar Ferreira petitions for review of a decision by the Board of Immigration Appeals ("BIA") upholding the denial of her application for withholding of removal. Ferreira requests that we remand the case so that...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
CA6 on Nexus, Social Group: Vasquez-Rivera v. Garland
Vasquez-Rivera v. Garland "Here, the BIA attributed analysis to the IJ that the IJ never undertook. Finding that none of Vasquez-Rivera’s proposed social groups were cognizable, the IJ concluded that her asylum claims failed. With respect...
Daniel M. Kowalski
2 months ago
Immigration Law
Outside News
Touro Law Immigration Clinic Victory!
Touro Law, March 2024 "PHOTO CAPTION: Touro Law students Pierre Piazza (left) and Laraib Sarwar (right) pose with their client in the Immigration Rights Advocacy Clinic at Touro Law Center. Touro Law’s Immigration Clinic Secures Hard...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Unpub. CA2 Remand: Berhe v. Garland
Berhe v. Garland "Berhe asserted that the Eritrean military detained and beat him because he complained about conditions during his mandatory military service and because of his perceived anti-government political opinion. The agency’s adverse...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Unpub. CA2 Remand: Gao v. Garland
Gao v. Garland "The IJ’s conclusion that Gao failed to meet her burden of proof is based on the lack of sufficient corroborating evidence. As mentioned above, where, as here, the petitioner’s testimony is deemed credible, but the IJ...
Daniel M. Kowalski
2 months ago
Immigration Law
Outside News
Nicaraguan Journalist Avoids Deportation from the USA
Elmer Rivas, Confidencial, Feb. 25, 2024 "Journalist Joselin Montes, originally from Chinandega, was released on Friday, February 23 in the United States after an immigration judge rejected the authorities’ request to deport her and send...
Daniel M. Kowalski
2 months ago
Immigration Law
Outside News
The Migrant "Crisis" Is About Work Permits And Planning
Jerusalem Demsas, The Atlantic, Feb. 19, 2024 [free gift link!] "Sometimes the best way to understand why something is going wrong is to look at what’s going right. The asylum seekers from the border aren’t the only outsiders in town...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Pro Bono CAT Victory: Matter of IES
Stephen Yale-Loehr, Evangeline Charles, Isaac Belenkiy report: "IES is a 41-year-old man from Mexico who first came to the U.S. when he was 18 years old. As a youth, IES joined a gang. He was arrested in 2005 for possessing a small quantity of...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Outmatched: The U.S. Asylum System Faces Record Demands
Kathleen Bush-Joseph, MPI, Feb. 2024 "Known for its long tradition of providing refuge, the U.S. humanitarian protection system is under significant strain at a time of mass displacements globally, a backlog of 2 million asylum applications, and...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
Unpub. CA9 Asylum Remand (India, Relocation) - Singh v. Garland
Singh v. Garland " “Because of the IJ’s lack of clarity” as to which party was required to show that Singh could or could not safely relocate, we remand Singh’s asylum claim based on his membership in the family of Balkar...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Expert: "Closing" the Border Would Violate Asylum Law
Maria Ramirez Uribe, PolitiFact, Feb. 2, 2024 "President Joe Biden says he has done everything under his authority to try to reduce illegal immigration at the U.S. southern border, and that he’ll be able to do more once Congress passes a...
Daniel M. Kowalski
3 months ago
Immigration Law
Outside News
Expert: Lack of Work Permits, Legal Avenues Stymie Migrants
Carine Hajjar, Boston Globe, Jan. 26, 2024 "[C]urrent policies at the border funnel migrants into a system where their long-term legal claim to "the American dream" is uncertain, and for many, unlikely. ... In the end, many migrants "will...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
Major CA1 Victory: Pineda-Maldonado v. Garland
Pineda-Maldonado v. Garland "Ricardo Jose Pineda-Maldonado ("Pineda-Maldonado") is a native and citizen of El Salvador. He petitions for review of the decision by the Board of Immigration Appeals ("BIA") that denied his application...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
Unpub. Asylum Remand, Yemen: Al Omaisi v. Garland
Al Omaisi v. Garland "On this record, the BIA’s summary conclusion that Al Omaisi did not present evidence indicating an objectively reasonable fear of future persecution is insufficient for us confidently to conclude that the BIA acted within...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
Big PSG and Nexus Victory at CA1 - Espinoza-Ochoa v. Garland
Espinoza-Ochoa v. Garland "Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that "constitute[d] persecution." But the agency...
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