Immigration Law

Recent Posts

Supreme Court Stays Asylum Injunction: Signal on the Merits or Procedural Snag?
Posted on 12 Sep 2019 by Daniel M. Kowalski

Prof. Peter Margulies, Sept. 12, 2019 "On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued... Read More

Supreme Court Grants Trump Administration Request for Stay: East Bay Sanctuary Covenant
Posted on 11 Sep 2019 by Daniel M. Kowalski

Barr v. East Bay Sanctuary Covenant "The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring... Read More

Asylum EAD Proposed Rule
Posted on 9 Sep 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 "The Department of Homeland Security (DHS) proposes to remove a regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum... Read More

CA1 Reopening Victory: Perez-Tino v. Barr (Guatemala; Changed Country Conditions)
Posted on 31 Aug 2019 by Daniel M. Kowalski

Perez-Tino v. Barr "Marta Perez-Tino is a Guatemalan national of Mayan K'Iche' descent who entered the United States in 2001 without inspection. Facing the prospect of removal on the basis of a 2010 Board of Immigration Appeals ("BIA"... Read More

CA5 Asylum Remand: Peña Oseguera v. Barr
Posted on 23 Aug 2019 by Daniel M. Kowalski

Peña Oseguera v. Barr "The BIA admitted that the Immigration Judge incorrectly conflated the respondent’s claim with that of his mother (“We briefly note that the respondent is not a derivative application on his mother’s... Read More

Unpub. BIA Remand: Honduras, Political Opinion; Equality for Women
Posted on 22 Aug 2019 by Daniel M. Kowalski

Prof. Geoffrey Hoffman , Director, UHLC Immigration Clinic, writes: "I wanted to share a decision granting a remand from the BIA in a Matter of A-B- type case from my friends and colleagues at The Modi Law Firm!!! Great job. The decision... Read More

CA11 on Nexus: Perez-Sanchez v. Barr
Posted on 22 Aug 2019 by Daniel M. Kowalski

Perez-Sanchez v. Barr "We do not ... accept the agency’s analysis of Mr. Perez-Sanchez’s asylum and withholding claims. The Board of Immigration Appeals (“BIA”) affirmed the IJ’s denial of both claims, saying that... Read More

CA9 Upholds Stay of Asylum Rule...in CA9 Only
Posted on 16 Aug 2019 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Barr "Appellants seek a stay pending appeal of the district court’s July 24, 2019 order preliminarily enjoining the Department of Justice and Department of Homeland Security’s joint interim final rule... Read More

CA3 (En Banc) on 'Particularly Serious Crime' - Bastardo-Vale v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated... Read More

Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase
Posted on 12 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers... Read More

Boston Immigration Judge Grants Asylum; PSG = "Guatemalan Women"
Posted on 8 Aug 2019 by Daniel M. Kowalski

Boston Immigration Judge Paul M. Gagnon granted asylum in a DV-based case, recognizing "Guatemalan women" as a particular social group. ICE reserved, but did not appeal, so the decision is final . The IJ addressed Matter of A-B- in several places... Read More

Court Strikes Down Trump Administration Policy Barring Refugees From Asylum
Posted on 2 Aug 2019 by Daniel M. Kowalski

NIJC, Aug. 2, 2019 "The federal District Court for the District of Columbia today ruled in O.A. v. Trump that the Trump Administration cannot bar refugees from asylum for crossing between ports of entry. The suit was brought by the Capital Area... Read More

CA8 on Credibility: Tian v. Barr
Posted on 31 Jul 2019 by Daniel M. Kowalski

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... Read More

Cuccinelli's 'Asylum and Internal Relocation Guidance' Sure to Spawn Litigation
Posted on 31 Jul 2019 by Daniel M. Kowalski

On July 26, 2019 USCIS Acting Director Ken Cuccinelli posted this guidance : "A message sent by the acting director to USCIS asylum officers regarding asylum and internal relocation guidance. Release Date: July 26, 2019 The crisis... Read More

Asylum 'Metering' Lawsuit Moves Forward
Posted on 31 Jul 2019 by Daniel M. Kowalski

CCR, July 30, 2019 "A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along... Read More