Immigration Law

Recent Posts

Rare CA5 Stay Grant: Singh v. Garland
Posted on 13 Jul 2021 by Daniel M. Kowalski

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... Read More

Unpub. CA6 on Honduras, Social Group: Corea Escoto v. Garland
Posted on 7 Jul 2021 by Daniel M. Kowalski

Corea Escoto v. Garland (unpub.) "Given the BIA’s repeated reliance on A-B-, briefing on the effect of A-B-’s overruling is necessary. We remand to the BIA to reconsider Corea’s asylum claim in the first instance, this time under... Read More

CA4, En Banc, on El Salvador, MS-13: Portillo Flores v. Garland
Posted on 29 Jun 2021 by Daniel M. Kowalski

Portillo Flores v. Garland "When he was 15 years old, Hernan Portillo-Flores (“Petitioner”), a resident of El Salvador, sought refuge in the United States. When Petitioner was living in El Salvador, El Pelón, a leader of the... Read More

CA9 on Changed Circumstances: Kaur v. Garland
Posted on 21 Jun 2021 by Daniel M. Kowalski

Kaur v. Garland "This asylum case is about changed country circumstances, including changes in personal circumstances, which are entirely outside the applicant’s control. Ravinder Kaur, an Indian national, appeals the BIA’s decision... Read More

Tags: asylum

Gupta Memo to OIL re A-B-, L-E-A- Vacatur
Posted on 17 Jun 2021 by Daniel M. Kowalski

Vanita Gupta, Associate Attorney General, June 16, 2021 "The Civil Division's Office of Immigration Litigation is responsible for defending the decisions of the Board of Immigration Appeals when they are challenged in the federal courts of... Read More

Tags: asylum

CA11 on Reconsideration of Asylum: Thamotar v. Atty. Gen.
Posted on 17 Jun 2021 by Daniel M. Kowalski

Thamotar v. Atty. Gen. "Visavakumar Thamotar, a Sri Lankan citizen of Tamil ethnicity, seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s discretionary denial of his application... Read More

Tags: asylum

Matter of A-B- and Matter of L-E-A- Vacated!
Posted on 16 Jun 2021 by Daniel M. Kowalski

Attorney General Decisions The Attorney General has issued a decision in Matter of A-B- , 28 I&N Dec. 307 (A.G. 2021). (1) Matter of A-B- , 27 I&N Dec. 316 (A.G. 2018) (“ A-B- I ”), and Matter of A-B- , 28 I&N Dec. 199 (A.G... Read More

Tags: asylum

CA5 on Cuba, Political Opinion, Evidence: Gutierrez Acosta v. Garland (unpub.)
Posted on 8 Jun 2021 by Daniel M. Kowalski

Gutierrez Acosta v. Garland (unpub.) "Gutierrez Acosta contends that the BIA erred in two respects. First, he challenges the BIA’s decision to give dispositive effect to the IJ’s finding that legitimate, non-political reasons could... Read More

Tags: Cuba , asylum

BIA on Untimely Asylum Filing: Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)
Posted on 7 Jun 2021 by Daniel M. Kowalski

Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021) - The mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged and that does not significantly increase... Read More

Tags: asylum

CA5 Grants Panel Reh. in Cuban Asylum Case: Leal v. Garland (unpub.)
Posted on 3 Jun 2021 by Daniel M. Kowalski

Leal v. Garland, unpub. "The petition for panel rehearing is GRANTED. The opinion, 841 F. App’x 719 (5th Cir. Mar. 29, 2021) , is WITHDRAWN..." Read More

Tags: Cuba , asylum

Alam v. Garland to be Reheard En Banc (Credibility, Asylum, Bangladesh)
Posted on 3 Jun 2021 by Daniel M. Kowalski

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... Read More

Unpub. BIA Asylum Victory: Russia, Political Opinion
Posted on 16 Apr 2021 by Daniel M. Kowalski

Matter of X-, Apr. 12, 2021, unpub. "The respondent has credibly established that his conviction was pretexual in nature and on account of his political opinion. ... We do not find serious reasons to believe that the respondent committed a serious... Read More

CA9 Amends East Bay (Asylum IFR)
Posted on 12 Apr 2021 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Garland "ORDER 1. Appellants filed a petition for rehearing en banc on October 5, 2020 (19-16487, Dkt. Entry 117; 19-16773, Dkt. Entry 75). Judges W. Fletcher and Miller have voted to deny the petition for rehearing... Read More

Tags: asylum

CA11 on Cuba, Journalists, Well-Founded Fear: Cabrera Martinez v. Atty. Gen.
Posted on 8 Apr 2021 by Daniel M. Kowalski

Cabrera Martinez v. Atty. Gen. "Because the IJ and the BIA failed to provide reasoned consideration of Martinez’s evidence of his well-founded fear of future persecution based on a pattern or practice of persecution toward dissident journalists... Read More

CA9 on Mexico, Domestic Violence: Rodriguez Tornes v. Garland
Posted on 5 Apr 2021 by Daniel M. Kowalski

Rodriguez Tornes v. Garland "Petitioner Maria Luisa Rodriguez Tornes, a native and citizen of Mexico, testified to a lifetime of severe abuse from her mother, her estranged husband, and her partner for, in their eyes, being insufficiently subservient... Read More