Immigration Law

Recent Posts

CA9 on SIJ Relief: C.J.L.G. v. Barr (En Banc)
Posted on 3 May 2019 by Daniel M. Kowalski

C.J.L.G. v. Barr "A gang held 14-year-old C.J.L.G. (“CJ”) at gunpoint in his native Honduras and threatened to kill his family after he rejected recruitment attempts. CJ and his mother Maria then fled their homeland and sought asylum... Read More

USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
Posted on 29 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 29, 2019 "USCIS and U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30,... Read More

CA9 on CIMT: Aguirre Barbosa v. Barr
Posted on 28 Mar 2019 by Daniel M. Kowalski

Aguirre Barbosa v. Barr "Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal... Read More

CA9 on Trump's Asylum Ban: East Bay Sanctuary Covenant v. Trump
Posted on 10 Dec 2018 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Trump - "The district court issued a temporary restraining order, finding it likely that, first, the rule of decision itself was inconsistent with existing United States law providing that aliens may apply for asylum... Read More

CA9 on False Claim, Form I-9: Diaz-Jimenez v. Sessions
Posted on 31 Aug 2018 by Daniel M. Kowalski

Diaz-Jimenez v. Sessions - "There is nothing in the record showing that Diaz ever filled out a Form I–9. There is therefore nothing in the record to show that he made a false representation of citizenship under § 1324a(b)(2), and that... Read More

CA9 on Asylum, Withholding, CAT, El Salvador, FMLN, Mara Salvatrucha: Quiroz Parada v. Sessions
Posted on 30 Aug 2018 by Daniel M. Kowalski

Quiroz Parada v. Sessions - "Moris Alfredo Quiroz Parada fled his native El Salvador in 1991 at the age of seventeen after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí... Read More

CA9 on Taylor, Divisibility, Modified Categorical Approach: Lorenzo v. Sessions
Posted on 30 Aug 2018 by Daniel M. Kowalski

Lorenzo v. Sessions - "This case raises a novel yet straightforward question in our application of Taylor v. United States, 495 U.S. 575 (1990): whether the Taylor analysis must be performed twice if a state statute contains two layers of disjunctive... Read More

CA9 on Stop-Time Rule: Nguyen v. Sessions
Posted on 24 Aug 2018 by Daniel M. Kowalski

Nguyen v. Sessions - "Vu Minh Nguyen, a citizen of Vietnam, immigrated to the United States as a lawful permanent resident in the year 2000, when he was eighteen years old. Fifteen years later, he was placed in removal proceedings and charged with... Read More

CA9 on Acquired Citizenship, Modified Categorical Approach: Ragasa v. Holder
Posted on 28 Apr 2014 by Daniel M. Kowalski

Court staff summary: "The panel granted Crisanto Ragasa’s petition for review of the Board of Immigration Appeals’ decision finding that he did not establish United States citizenship by adoption, and that he was removable because of... Read More

CA9 on BIA 'Shell Game' - Zhao v. Holder
Posted on 6 Sep 2013 by Daniel M. Kowalski

"Absent some reasoned explanation appropriate to the particular circumstances, the BIA simply cannot shift its proof requirements. To do so is to subject petitioners to an administrative shell game. Therefore, under the circumstances presented by... Read More

CA9 on CAT, Mexico: Barajas-Romero v. Lynch
Posted on 18 Jan 2017 by Daniel M. Kowalski

Barajas-Romero v. Lynch, Jan. 18, 2017 - "We hold that “a reason” is a less demanding standard than “one central reason.” The statutory language is unambiguously different, with different meanings, so there is no ambiguity... Read More

Law Profs Weigh In on Consular Non-Reviewability Lawsuit: Cardenas v. USA
Posted on 5 May 2014 by Daniel M. Kowalski

"This brief is submitted to help the court understand the origins, nature, and limits of the so-called doctrine of consular non-reviewability. ... The doctrine of consular non-reviewability has never had a cogent justification. To the contrary, Supreme... Read More

CA9 on CAT, Ethiopia, Evidence: Agonafer v. Sessions
Posted on 27 Jun 2017 by Daniel M. Kowalski

Agonafer v. Sessions, June 23, 2017 - "[T]he BIA abused its discretion by disregarding or discrediting the undisputed new evidence submitted by Agonafer regarding increased violence toward homosexuals in Ethiopia, including reports of violence... Read More

CA9 on Right to Notice: Velasquez-Escovar v. Holder
Posted on 29 Sep 2014 by Daniel M. Kowalski

"At the outset of her removal proceedings, Odilia de Jesus Velasquez-Escovar gave immigration officials her current address in Los Angeles. But those officials did not properly record it. Instead, they recorded another outdated address and then sent... Read More

CA9 on 212(h): Negrete-Ramirez v. Holder
Posted on 21 Jan 2014 by Daniel M. Kowalski

Court staff summary: "The panel granted Juana Negrete-Ramirez’s petition for review of the Board of Immigration Appeals’ decision finding that the statutory language of the Immigration and Nationality Act excludes her from eligibility... Read More