Immigration Law

Recent Posts

CA9 on El Salvador, Mara-18, Unable/Unwilling to Control: J.R. v. Barr
Posted on 11 Sep 2020 by Daniel M. Kowalski

J.R. v. Barr "[W]e hold that substantial evidence does not support the BIA’s conclusion that the El Salvadoran government was both able and willing to control the Mara-18 gang whose members attacked JR and killed his son. ... Petition for... Read More

Advance Copy of CDC Border Blockade Final Rule
Posted on 4 Sep 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 09/11/2020 "The Department of Health and Human Services (HHS) issues this final rule to amend the Foreign Quarantine Regulations administered by the Centers for Disease Control... Read More

Tags: CDC , asylum

No More Automatic EADs for Asylum Applicants
Posted on 2 Sep 2020 by Daniel M. Kowalski

USCIS, Aug. 27, 2020 "Effective August 25, 2020, the Asylum Application, Interview, and Employment Authorization for Applicants Final Rule removed the exemption from discretion outlined in 8 CFR 274a.13(a)(1) for asylum applicants seeking employment... Read More

Judge to CBP: "Poppycock!"
Posted on 2 Sep 2020 by Daniel M. Kowalski

A.B.-B. v. Morgan - Motion for Preliminary Injunction Granted ; CBP enjoined from conducting credible fear interviews. Read More

CA9 on Asylum, Motions to Reopen: Aliyev v. Barr
Posted on 24 Aug 2020 by Daniel M. Kowalski

Aliyev v. Barr "We hold that the BIA abused its discretion by determining that a noncitizen who seeks to reopen an earlier application for relief and attaches that application to the motion has failed to attach the “appropriate application... Read More

USCIS Notice of Proposed Settlement: Mendez Rojas v. Wolf
Posted on 21 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 21, 2020 "NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION LAWSUIT INVOLVING INDIVIDUALS WHO HAVE FILED, OR WILL BE FILING, AN ASYLUM APPLICATION MORE THAN ONE YEAR AFTER ARRIVING IN THE UNITED STATES. MENDEZ ROJAS, ET... Read More

USCIS on Terminating Asylum: Policy Alert
Posted on 21 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 21, 2020 Clarifying Procedures for Terminating Asylum Status in Relation to Consideration of an Application for Adjustment of Status "Asylum may be granted to those who meet the definition of a refugee and are physically present in... Read More

Jeffrey S. Chase on Social Group, Relocation (Akosung v. Barr)
Posted on 17 Aug 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 16, 2020 "In Akosung v. Barr , a young woman from Cameroon had been sentenced against her will to marry the village chieftain, or Fon , in order to settle a family debt. Not wishing to suffer this fate, she first hid locally... Read More

CA9 on Cameroon, Persecution, Social Group, Relocation: Akosung v. Barr
Posted on 14 Aug 2020 by Daniel M. Kowalski

Akosung v. Barr "Yvette Akosung fled her Cameroonian village after she was ordered to marry the village chieftain, known as the Fon. For more than a year, she lived in hiding, moving from place to place to avoid capture. The Fon’s envoys... Read More

Follow the Bouncing Ball: Persecution and the Shifting Burden of Proof - Jeffrey S. Chase
Posted on 14 Aug 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 13, 2020 "On July 24, the U.S. Court of Appeals for the Third Circuit reversed the BIA as to what constitutes past persecution. In Blanco v. Att’y Gen. , the asylum-seeker had been abducted by police in his native Honduras... Read More

9th Cir. Sets BIA Straight on 'Circularity' - Jeffrey S. Chase
Posted on 10 Aug 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 10, 2020 "On August 7, the U.S Court of Appeals for the Ninth Circuit dealt a blow to the Trump Administration’s attacks on domestic violence-based asylum claims. In Diaz-Reynoso v. Barr , the petitioner applied for... Read More

CA9 on Nicaragua, Social Group, Torture, Persecution: Davila v. Barr
Posted on 10 Aug 2020 by Daniel M. Kowalski

Davila v. Barr "Carla Patricia Davila petitions for review of a Board of Immigration Appeals (“BIA”) order affirming the denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture ... Read More

CA9 on Circularity, Matter of A-B-, Guatemala, Social Group: Diaz-Reynozo v. Barr
Posted on 10 Aug 2020 by Daniel M. Kowalski

Diaz-Reynoso v. Barr "Sontos Maudilia Diaz-Reynoso, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing her appeal of an Immigration Judge’s (IJ) order denying her application... Read More

CA3 on Withholding: Sathanthrasa v. Atty. Gen.
Posted on 30 Jul 2020 by Daniel M. Kowalski

Sathanthrasa v. Atty. Gen. "[T]he immigration regulations provide that when a petitioner is denied asylum but then granted withholding, the denial of asylum “shall be reconsidered,” and the factors the immigration judge (IJ) must consider... Read More

CA3 on Persecution: Blanco v. Atty. Gen.
Posted on 25 Jul 2020 by Daniel M. Kowalski

Blanco v. Atty. Gen. "Ricardo Javier Blanco, a citizen of Honduras, is a member of Honduras’s Liberty and Refoundation (“LIBRE”) Party, an anti-corruption political party that opposes the current Honduran president. After participating... Read More