Immigration Law

Recent Posts

Pres. Proc. 9880 on Migration, Southern Border (May 8, 2019)
Posted on 13 May 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 "... I have determined to extend the suspension and limitation, as set forth below, on entry into the United States through the southern border established by Proclamation 9822 and extended... Read More

The Ninth Circuit, Asylum and 'Return to Mexico' - What Next?
Posted on 8 May 2019 by Daniel M. Kowalski

On May 7, 2019 a motions panel of the Ninth Circuit granted a stay pending appeal of the preliminary injunction that had blocked the 'return to Mexico' policy under the new DHS Migrant Protection Protocols for southern border asylum claimants... Read More

Presidential Memo on Asylum (Apr. 29, 2019)
Posted on 30 Apr 2019 by Daniel M. Kowalski

White House, Apr. 29, 2019 "Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System April 29, 2019 MEMORANDUM FOR THE ATTORNEY GENERAL THE SECRETARY OF HOMELAND SECURITY SUBJECT... Read More

CA7 on Asylum, Mexico, Cartel Violence: Gonzalez Ruano v. Barr
Posted on 25 Apr 2019 by Daniel M. Kowalski

Gonzalez Ruano v. Barr "In September 2016, members of a Mexican drug cartel kidnapped, tortured, and threatened to kill petitioner Mauricio Gonzalez Ruano, who was living with his family in the Mexican state of Jalisco. ... We find that the record... Read More

CLINIC Practice Advisory - Asylum Seekers Stranded in Mexico Because of the Trump Administration’s Restrictive Policies: Firm Resettlement Considerations
Posted on 25 Apr 2019 by Daniel M. Kowalski

CLINIC, Apr. 24, 2019 " ... [M]etering at the border continues and has resulted in thousands of individuals seeking asylum under U.S. law (“U.S. asylum seekers”) stranded on the Mexican side of the border. Practitioners should therefore... Read More

A Better Approach to "Unable or Unwilling" Analysis? - Jeffrey S. Chase
Posted on 22 Apr 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Apr. 21, 2019 “K.H., a Guatemalan native and citizen, was kidnapped, beaten, and raped in Guatemala when she was seven years old.” That horrifying sentence begins a recent decision of the U.S. Court of Appeals for the Sixth... Read More

IJ Eileen Trujillo Recognizes “Women in Mexico” as PSG, Finds Nexus, Grants Asylum, Distinguishes A-B-
Posted on 22 Mar 2019 by Daniel M. Kowalski

Paul W. Schmidt, Mar. 21, 2019 "JUSTICE PREVAILS AGAIN IN IMMIGRATION COURTS EVEN IN THE “POST-A-B-“ ERA — Outstanding Analysis By Judge Eileen Trujillo Of The U.S. Immigration Court In Denver, CO, Recognizes “Women In Mexico”... Read More

Cyrus Mehta: Advancing a 'Social Group Plus' Claim After Matter of A-B-
Posted on 12 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 9, 2019 "In Matter of A-B – , 27 I&N Dec. 227 (A.G. 2018), former Attorney General Jeff Sessions overruled a prior Board of Immigration Appeals (BIA) precedent, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which... Read More

Caravans and Consulates: Should Asylum Seekers Have More Options? - Curtis Pierce
Posted on 23 Feb 2019 by Daniel M. Kowalski

Caravans and Consulates: Should Asylum Seekers Have More Options? By: Curtis Pierce , Feb. 2019 INTRODUCTION In the autumn of 2018, a caravan of Central American migrants seeking a better life traveled from Honduras to the southern border of the... Read More

Lawsuit Filed Against Trump Policy Forcibly Returning Asylum Seekers to Mexico
Posted on 15 Feb 2019 by Daniel M. Kowalski

CGRS, Feb. 14, 2019 "The American Civil Liberties Union, Southern Poverty Law Center, and Center for Gender & Refugee Studies filed a federal lawsuit today challenging the Trump administration’s new policy forcing asylum seekers to return... Read More

Migrant Protection Protocols: DHS and CBP Documents
Posted on 29 Jan 2019 by Daniel M. Kowalski

Jan. 25, 2019 DHS Policy Guidance for Implementation of the Migrant Protection Protocols Jan. 28, 2019 CBP Guidance on Migrant Protection Protocols Jan. 28, 2019 CBP Implementation of the Migrant Protection Protocols Jan. 28, 2019 CBP Guiding Principles... Read More

USCIS Issues 'Migrant Protection Protocols' Guidance Policy Memo (Jan. 28, 2019)
Posted on 28 Jan 2019 by Daniel M. Kowalski

USCIS, Jan. 28, 2019 "SUBJECT: Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols Purpose This memorandum provides guidance to immigration officers in U.S. Citizenship and... Read More

Prof. Geoffrey A. Hoffman: How Trump Era Immigration Enforcement Violates the Law
Posted on 28 Jan 2019 by Daniel M. Kowalski

Prof. Geoffrey A. Hoffman, Jan. 25, 2019 "Since the Trump era began more than two years ago with the election of 2016, the administration has put into place an increasingly draconian legal regime of restrictions against immigrants. Navigating these... Read More

DHS to Launch 'Migrant Protection Protocols' on Southern Border
Posted on 25 Jan 2019 by Daniel M. Kowalski

DHS, Jan. 24, 2019 " What Are the Migrant Protection Protocols? The Migrant Protection Protocols (MPP) are a U.S. Government action whereby certain foreign individuals entering or seeking admission to the U.S. from Mexico – illegally or... Read More

CA9 on Asylum, Internal Relocation: Singh v. Whitaker
Posted on 24 Jan 2019 by Daniel M. Kowalski

Singh v. Whitaker "We hold that the BIA erred in failing to conduct a reasoned analysis with respect to Singh’s situation to determine whether, in light of the specific persons or entities that caused his past persecution, and the nature... Read More