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Daniel M. Kowalski
20 days ago
Immigration Law
Inside News
Unpub. CA2 Remand: Berhe v. Garland
Berhe v. Garland "Berhe asserted that the Eritrean military detained and beat him because he complained about conditions during his mandatory military service and because of his perceived anti-government political opinion. The agency’s adverse...
Daniel M. Kowalski
20 days ago
Immigration Law
Inside News
Unpub. CA2 Remand: Gao v. Garland
Gao v. Garland "The IJ’s conclusion that Gao failed to meet her burden of proof is based on the lack of sufficient corroborating evidence. As mentioned above, where, as here, the petitioner’s testimony is deemed credible, but the IJ...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Pro Bono CAT Victory: Matter of IES
Stephen Yale-Loehr, Evangeline Charles, Isaac Belenkiy report: "IES is a 41-year-old man from Mexico who first came to the U.S. when he was 18 years old. As a youth, IES joined a gang. He was arrested in 2005 for possessing a small quantity of...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Unpub. CA9 Asylum Remand (India, Relocation) - Singh v. Garland
Singh v. Garland " “Because of the IJ’s lack of clarity” as to which party was required to show that Singh could or could not safely relocate, we remand Singh’s asylum claim based on his membership in the family of Balkar...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Major CA1 Victory: Pineda-Maldonado v. Garland
Pineda-Maldonado v. Garland "Ricardo Jose Pineda-Maldonado ("Pineda-Maldonado") is a native and citizen of El Salvador. He petitions for review of the decision by the Board of Immigration Appeals ("BIA") that denied his application...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Unpub. Asylum Remand, Yemen: Al Omaisi v. Garland
Al Omaisi v. Garland "On this record, the BIA’s summary conclusion that Al Omaisi did not present evidence indicating an objectively reasonable fear of future persecution is insufficient for us confidently to conclude that the BIA acted within...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Big PSG and Nexus Victory at CA1 - Espinoza-Ochoa v. Garland
Espinoza-Ochoa v. Garland "Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that "constitute[d] persecution." But the agency...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Matter of M-R-M-S- Toolkit
When the BIA issued Matter of M-R-M-S- on Dec. 1, 2023 advocates were troubled. Responding to the challenge, two experts have posted these practice advisories: 1. Victoria Neilson, NIPNLG, Dec. 21, 2023 2. Jeffrey S. Chase, Dec. 24, 2023
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
CA6 on Mixed Motive: Sebastian-Sebastian v. Garland
Sebastian-Sebastian v. Garland "[T]he Board found that Sebastian-Sebastian failed to demonstrate a nexus between her particular social groups and the harm she faced. In its denial of CAT protection, the Board found that Sebastian-Sebastian failed...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
BIA on PSG, Persecution, Nexus: Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)
Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family membership is incidental or subordinate to that other...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
Feds Parole Asylum-Seekers To End 'Remain In Mexico' Suit: Law360
Alyssa Aquino, Law360, Oct. 31, 2023 "The Biden administration will provide temporary immigration protections to migrants who challenged a Trump-era policy that forced them to wait in Mexico while their asylum claims were processed in exchange...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
USCIS Affirmative Asylum Procedures Manual
USCIS, Aug. 31, 2023 - Affirmative Asylum Procedures Manual
Daniel M. Kowalski
over 12 years ago
Immigration Law
Inside News
Asylee Eligibility for Resettlement Assistance: A Short Guide
"This guide gives service providers the information needed to address the resettlement needs of asylees. The guide contains crucial and timely information about the benefits and services for which asylees are eligible, including job placement assistance...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
Employment Eligibility Requirements for Asylees, Refugees, and other Populations Served by ORR
"The Office of Refugee Resettlement (ORR) funds and administers resettlement programs for refugees, asylees, Cuban and Haitian entrants, foreign victims of severe forms of human trafficking, Lawful Permanent Residents who have held one of those statuses...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
USCIS Policy Alert: Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines
USCIS, Dec. 15, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
USCIS on Asylee and Refugee Adjustment 1-Year Physical Presence Requirement
USCIS, Feb. 2, 2023 "... To promote consistency in the processing of asylee and refugee adjustment of status applications and reduce barriers that might impede refugees from timely filing for adjustment of status, USCIS is updating policy guidance...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
USCIS Message: Updates to Processing of Form I-730, Refugee/Asylee Relative Petition
E-Mail to Stakeholders: "Dear Stakeholder, To enhance customer service and bolster program integrity, U.S. Citizenship and Immigration Services (USCIS) is improving the way it processes Form I-730< http://www.uscis.gov/i-730 >, Refugee/Asylee...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
Asylee Adjustment APA Collateral Estoppel Victory in California: Islam v. DHS
Anna Benvenue writes: "I just won summary judgment on a case in the Northern District of California in which my client's asylee adjustment application was denied by USCIS based on a finding that he was barred for terrorist inadmissibility. This...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
CA6 on Future Fear, Internal Relocation: Lin v. Garland
Lin v. Garland "The question before us is whether the BIA’s determinations are supported by substantial evidence. As will be explained below, the BIA’s rationale does not allow us to make that determination. So we grant Lin’s...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
CA9 on Asylum, Nexus, Evidence, Motions to Reopen: Reyes-Corado v. Garland
Reyes-Corado v. Garland "Francisco Reyes-Corado (“Reyes-Corado”), a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying ReyesCorado’s motion to reopen...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
CA9 Panel Stays Judge Tigar's Block of Biden Asylum Ban
East Bay Sanctuary Covenant v. Biden "Before: W. FLETCHER, PAEZ, and VANDYKE, Circuit Judges. Order by Judges W. FLETCHER and PAEZ; Dissent by Judge VANDYKE. The motion to stay the district court’s July 25, 2023, order and judgment (Docket...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
USCIS Affirmative Asylum Processing Manual
The Louise Trauma Center obtained the USCIS Affirmative Asylum Processing Manual (AAPM) via a FOIA request. The 253-page PDF can be viewed and downloaded here .
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Expert Guidance from the First Circuit
Hon. Jeffrey S. Chase, July 28, 2023 "For Immigration Judges, country experts serve as the lens through which a confusing jumble of evidence becomes a clearer picture. No judge can be an expert on all countries; it is therefore by way of the country...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Judge Vacates Biden Asylum Rule: "[T]he Rule is contrary to law."
East Bay Sanctuary Covenant v. Biden ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Cornell Asylum Clinic Wins 3 BIA Remands
Prof. Steve Yale-Loehr reports: "Thanks to the excellent work of our law students, our Cornell asylum clinic received three BIA remands this spring. A short summary of each case follows. ... If anyone wants redacted copies of our briefs, have them...
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