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Daniel M. Kowalski
over 12 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory; Egypt, Persecution, 'Unreasonable Expectations'
David L. Cleveland writes: "An asylum applicant from Egypt suffered real harm, including an assault by an unidentified man that left her unconscious, but was denied by the IJ for failing to show the motive of her attacker. The BIA said that the IJ...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Unpub. CA5 Victory: Naah v. Garland
Naah v. Garland (unpub.) "Mercy Naah, a native of Cameroon, was charged as removable from the United States. She applied for asylum, withholding of removal, and protection under the Convention Against Torture. Naah demonstrated that she is unable...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Outside News
Law Students Win Asylum for Nigerian Voting Rights Activist
IHRC, Mar. 25, 2022 "Students in the Immigration and Human Rights Clinic (IHRC) worked to obtain asylum for a voting rights activist from Nigeria. This case prompted the Clinic to develop a resource to assist asylees in understanding their rights...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Unpub. CA3 Asylum Remand: Bimpong v. Garland (BIA conclusion "defies the record")
Bimpong* v. Garland "Bimpong argues that the BIA erred in concluding that he failed to establish that his membership in a particular social group (“PSG”) is a nexus for the persecution he fears— as is required to qualify for asylum or withholding...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA5 on Due Process, Credibility: Nkenglefac v. Garland
Nkenglefac v. Garland "Petitioner Giscard Nkenglefac, a native and citizen of Cameroon, applied for admission into the United States on May 9, 2018. The immigration judge (“IJ”), Agnelis Reese, denied Nkenglefac’s application for relief from removal...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA9 on Credibility, Frivolousness: Udo v. Garland
Udo v. Garland "Peter Donatus Udo is a citizen of Nigeria who applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) in the United States on the grounds that he feared violence in Nigeria as a gay man...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA2 on IJ/BIA "Legal and Procedural Errors" - Ojo v. Garland
Ojo v. Garland "We grant Ojo’s petition for review and vacate the agency’s denial of Ojo’s claims for asylum, withholding of removal, and CAT protection because those determinations were permeated with several legal and procedural errors. First...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA5 "Overlooked Evidence" Remand: Emmanuel-Tata v. Garland (unpub.)
Emmanuel-Tata v. Garland (unpub.) "Tarlishi Emmanuel-Tata, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s denial of his claims for asylum, withholding of removal...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA9 on Somalia, Persecution, Firm Resettlement: Aden v. Wilkinson
Aden v. Wilkinson "Abdi Ali Asis Aden petitions for review of the Board of Immigration Appeals’ (the “BIA” or “Board”) dismissal of his appeal of an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal from...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA9 on Cameroon, Persecution, Social Group, Relocation: Akosung v. Barr
Akosung v. Barr "Yvette Akosung fled her Cameroonian village after she was ordered to marry the village chieftain, known as the Fon. For more than a year, she lived in hiding, moving from place to place to avoid capture. The Fon’s envoys pursued...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA3 on Asylum, Ghana: Sumaila v. Barr
Sumaila v. Barr "Adamu Sumaila fled his home country of Ghana and entered the United States without authorization after his father and neighbors assaulted him and threatened his life when they discovered that he was in a same-sex relationship...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA11 on Ineffective Assistance: Sow v. Barr
Sow v. Barr "Hamid Sow, a citizen of Guinea, seeks review of the Board of Immigration Appeals’ (BIA) denial of his motion to remand based upon ineffective assistance of counsel and motion to reopen based upon new evidence. After careful review...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
CA5 on Asylum, Ethiopia - Sealed Case
Sealed Case, July 15, 2016 - "Petitioner testified that he had been tortured by the Ethiopian government because it suspected he and his family members supported a terrorist organization called the Ogaden National Liberation Front (“ONLF”). The IJ...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
BIA on Togo, Asylum: Matter of K-G-H- (Unpub.)
Charles Shane Ellison writes: "[The BIA] reversed IJ finding that a fundamental change in circumstances had occurred in Togo such that would rebut the presumed well-founded fear of an asylum applicant who had suffered past persecution. The BIA also...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder
"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA7 on Corroboration, Asylum, Zimbabwe: Sibanda v. Holder
"After fleeing from her native Zimbabwe to the United States, Lucy Sibanda applied for asylum and other relief from removal. She fears that if she is repatriated, her brother‐in‐law will exercise his rights under a tribal custom that deems her, his...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder (unpub.)
"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
CA6 on Changed Conditions, Jurisdiction, Zimbabwe: Mandebvu v. Holder
"For more than two decades, Robert Mugabe has exercised power as the repressive head of state of Zimbabwe. Although he has permitted official national elections in recent years, Mugabe’s Zimbabwe African National Union-Patriotic Front (“ZANU-PF”...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory, Somalia, FGM
"In sum, we conclude that the respondent met her burden of proof for asylum based on suffering FGM and that she merits relief as a matter of discretion." - Matter of X-, Dec. 31, 2013 . [Hats off to Kim Hunter !]
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory, Cameroon, Political Opinion
"[T]he Immigration Judge found that, despite her finding that the respondent lacked credibility, the evidence of record - to particularly include the credible testimony of one of the respondent's witnesses, Mr. Jean Claude Nkem-Kong-Nkem -otherwise...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory, Senegal, FGM
"Contrary to the Immigration Judge's finding (I.J. at 10-11), the fact that the respondent does not fear being subjected to female genital mutilation upon her return to Senegal is insufficient to rebut the presumption of future persecution. ...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Unpub. BIA Credibility Remand: Camaroon
David L. Cleveland of Catholic Charities of Washington writes: "Respondent, from Cameroon, testified he was imprisoned and beaten three times. He also gave the court a fake photo of his injuries. The Immigration Judge denied asylum, deeming respondent...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
CA8 on Kenya, Mungiki Defectors: Gathungu v. Holder
"[W]e hold that Mungiki defectors constitute a "particular social group" and that the record compels the conclusion that the Kenyan government is unwilling or unable to control the Mungiki. Thus, the BIA erred in denying petitioners'...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
Unpub. BIA FGM Asylum Victory; Exception to One-Year Rule; Guinea
Prof. Jon Bauer writes: "I'm attaching here a BIA decision that may be of interest, issued October 10, 2012 in a case handled by the University of Connecticut Law School's Asylum and Human Rights Clinic. Our client has consented to allow...