Immigration Law

Recent Posts

CA4 Rejects BIA's "Fruition" Test: Sorto-Guzman v. Garland
Posted on 3 Aug 2022 by Daniel M. Kowalski

Sorto-Guzman v. Garland "Petitioners Zoila Sorto-Guzman and Axel Rivas-Sorto, a twenty-three-year-old mother and her seven-year-old son, respectively, seek asylum in the United States after fleeing El Salvador following death threats and violence... Read More

CA2 Rejects Matter of B-R-: Zepeda-Lopez v. Garland
Posted on 28 Jun 2022 by Daniel M. Kowalski

Zepeda-Lopez v. Garland "Petition for review of a decision of the Board of Immigration Appeals entered December 14, 2018, dismissing an appeal from the decision of an Immigration Judge denying asylum and the withholding of removal to petitioners... Read More

Tags: asylum

CA9 on Persecution, Nicaragua: Flores Molina v. Garland (2-1)
Posted on 13 Jun 2022 by Daniel M. Kowalski

Flores Molina v. Garland "Petitioner Mario Rajib Flores Molina (“Flores Molina”) participated in demonstrations against the ruling regime in his native Nicaragua, where he witnessed the murder of his friend and fellow protester by police... Read More

Tags: Nicaragua , asylum

IJ Distinguishes Jaco, Grants Asylum (PSG = Honduran Women)
Posted on 9 Jun 2022 by Daniel M. Kowalski

Hats off to Prof. Hiroko Kusuda for her victory in New Orleans Immigration Court ! IJ Eric Marsteller distinguished Jaco v. Garland, stating: "The Fifth Circuit in Jaco v. Garland suggested that "Honduran women" is not sufficiently particular... Read More

CA5 on Due Process, Credibility: Nkenglefac v. Garland
Posted on 18 May 2022 by Daniel M. Kowalski

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... Read More

CA9 on Credibility, Frivolousness: Udo v. Garland
Posted on 5 May 2022 by Daniel M. Kowalski

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... Read More

Groups File Complaint Against Houston Asylum Office
Posted on 27 Apr 2022 by Daniel M. Kowalski

NIPNLG, SPLC et al., Apr. 27, 2022 - Systemic Deficiencies at the Houston Asylum Office in Assessments of Credible and Reasonable Fear Cause Harm and Irreversible Damage to Asylum Seekers "We, the undersigned organizations, jointly file this complaint... Read More

Tags: Houston , USCIS , asylum

EAD Rules Fully Vacated - No Appeal in AsylumWorks v. Mayorkas
Posted on 11 Apr 2022 by Daniel M. Kowalski

Keren Zwick, Director of Litigation at the National Immigrant Justice Center, reports: "I wanted to let folks know that on Friday (4/8) we learned from the government that it would not file an appeal in AsylumWorks v. Mayorkas . This means, happily... Read More

"Round Table" Files Amicus Brief in Chavez-Chilel
Posted on 31 Mar 2022 by Daniel M. Kowalski

Amicus brief filed Mar. 25, 2022 " Amici are greatly concerned with the impact that the panel decision [20 F.4th 128] in the instant case will have on the development of asylum law relating to particular social groups. In S.E.R.L. v. Att’y... Read More

CA10 (2-1) on Honduras, Transgender Women: Gonzalez Aguilar v. Garland
Posted on 29 Mar 2022 by Daniel M. Kowalski

Gonzalez Aguilar v. Garland "Kelly Gonzalez Aguilar is a transgender woman from Honduras. She came to the United States and applied for asylum, withholding of removal, and deferral of removal. In support, Kelly claimed • past persecution in... Read More

Only 149 Pages Long...
Posted on 29 Mar 2022 by Daniel M. Kowalski

The official FR version of the asylum IFR, published Mar. 29, 2022, eff. May 31, 2022. Read More

Tags: asylum

CA2 "Weapons Bar" Remand: Kakar v. USCIS
Posted on 28 Mar 2022 by Daniel M. Kowalski

Kakar v. USCIS "Over twenty years ago, an Immigration Judge granted Mohamed Qaseem Kakar, an Afghan national, asylum in the United States. When Kakar later applied for lawful permanent residence, the United States Citizenship and Immigration Services... Read More

Interim Final Rule: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
Posted on 24 Mar 2022 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 03/29/2022 "On August 20, 2021, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively “the Departments”... Read More

Tags: asylum

USCIS Extends Asylum Interview Interpreter Rule
Posted on 15 Mar 2022 by Daniel M. Kowalski

USCIS: "On March 15, 2022, USCIS published another extension to the temporary final rule (TFR) that requires certain asylum applicants to use our contract telephonic interpreters instead of bringing their own interpreters to their affirmative asylum... Read More

Tags: USCIS , asylum

BIA (2-1) on Frivolousness: Matter of M-M-A-
Posted on 11 Mar 2022 by Daniel M. Kowalski

Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022) When the Department of Homeland Security raises the mandatory bar for filing a frivolous asylum application under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) ... Read More