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Daniel M. Kowalski
27 days ago
Immigration Law
Inside News
CA9 on Credibility, Internal Relocation: Singh v. Garland
Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his petition for asylum.1 He argues...
Daniel M. Kowalski
8 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
8 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
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
CA10 Corrects Massive BIA Failure: Villegas-Castro v. Garland
Villegas-Castro v. Garland "We conclude that the Board erred in three ways. First, the Board erred in overturning the grant of asylum. The Board decided that Mr. Villegas-Castro had not filed a new application. But if he hadn’t filed a new asylum...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Rare CA5 Stay Grant: Singh v. Garland
Singh v. Garland "Daljinder Singh applied for asylum and protection under the Convention Against Torture, claiming that he feared persecution in India based on his membership in the Akali Dal Amritsar (“Mann Party”), a Sikh-dominated political...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Alam v. Garland to be Reheard En Banc (Credibility, Asylum, Bangladesh)
Alam v. Garland "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel [2-1, Judge Collins, dissenting...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA1 on Credibility, Evidence: Cuesta-Rojas v. Garland
Cuesta-Rojas v. Garland "Darwin Aliesky Cuesta Rojas ("Cuesta Rojas"), a native and citizen of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Supreme Oral Argument on Asylum, Credibility (Feb. 23, 2021)
Feb. 23, 2021 - Consolidated oral argument in Wilkinson v. Alcaraz-Enriquez and Wilkinson v. Dai I will post a link to the transcript later, but here is a link to the audio . An overview is here , and the case pages are here and here .
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020) - To prevail on a motion to reopen alleging changed country conditions where the persecution claim was previously denied based on an adverse credibility finding in the underlying proceedings, the respondent...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA9 on Credibility: Qiu v. Barr
Qiu v. Barr "Petitioner Lizhi Qiu, a native and citizen of China, applied for asylum. She alleged that Chinese government officials subjected her to a forced abortion. An immigration judge (“IJ”) denied relief on the ground that Petitioner’s testimony...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
CA8 on Credibility: Tian v. Barr
Tian v. Barr "The reasoning behind the IJ’s [adverse] credibility finding here is simply not cogent. ... The IJ used misguided questions and demonstrated little understanding of Chinese culture. ... Equally disturbing is the IJ’s lack of cogent...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
CA1 on Asylum, Adverse Credibility: Gurung v. Barr
Gurung v. Barr "When the agency has denied asylum and related relief on credibility grounds, we can (and we will) affirm only if (a) the agency offered a clearly independent and sufficient ground for its ruling, one that is not affected by any...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)
Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility finding...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA7 Asylum Remand: Wang v. Lynch
"On remand the Board must assess two matters in the first instance. ... First it must decide whether Wang’s attempted interference with the family-planning officials, when they came to his house threatening to implement population-control measures...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
BIA on Asylum, Credibility, Time Bar: Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)
Official Headnotes : (1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA7 on Credibility, China: Liu v. Lynch
"Hongting Liu, a Chinese citizen in her mid-twenties, petitions for review of the denial of her application for asylum and withholding of removal based on religious persecution. Because substantial evidence does not support the Immigration Judge...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA4 on Credibility: Ilunga v. Holder (BIA 'manifests a basic misunderstanding of the human condition')
"Faustin Mukadi Ilunga, a citizen of the Democratic Republic of the Congo, appeals the denial of his application for asylum and protection under the Convention Against Torture (“CAT”). We hold that the rejection of Ilunga’s asylum application, largely...
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...