Immigration Law

Recent Posts

EOIR Guidelines Regarding New Asylum IFR (July 16, 2019)
Posted on 16 Jul 2019 by Daniel M. Kowalski

EOIR, July 15, 2019, PM 19-12 "PURPOSE: Establishes EOIR policy and procedures for adjudication of asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border after failing to apply for... Read More

New DOJ/DHS Asylum Rule (Federal Register, July 16, 2019)
Posted on 15 Jul 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 "The Department of Justice and the Department of Homeland Security (“DOJ,” “DHS,” or collectively, “the Departments”) are adopting an interim final... Read More

CA7 on Persecution, El Salvador, MS-13 - Arrazabal II
Posted on 9 Jul 2019 by Daniel M. Kowalski

Arrazabal v. Barr "This matter is before this court for a second time on Francisco Arrazabal’s pending requests for withholding of removal and protection under the Convention Against Torture (“CAT”). Arrazabal contends that he... Read More

CA1 on Asylum, Adverse Credibility: Gurung v. Barr
Posted on 9 Jul 2019 by Daniel M. Kowalski

Gurung v. Barr "When the agency has denied asylum and related relief on credibility grounds, we can (and we will) affirm only if (a) the agency offered a clearly independent and sufficient ground for its ruling, one that is not affected by any... Read More

IJ Asylum Grant: Guatemala, Gender
Posted on 9 Jul 2019 by Daniel M. Kowalski

Former IJ Jeffrey S. Chase writes: "[ Here ] is a recent (May 20) grant of asylum by IJ Steve Morley in Philadelphia, who, you may remember, was the IJ who was targeted and had cases taken off his docket for refusing to order a minor respondent removed... Read More

Court Blocks Matter of M-S-; Detained Asylum Applicants May Seek Bond
Posted on 3 Jul 2019 by Daniel M. Kowalski

In Matter of M-S- (slated to take effect in mid-July) Attorney General Barr stated: "I read [INA] section 235(b)(1)(B)(ii) to mandate detention (i) for the purpose of ensuring additional review of an asylum claim, and (ii) for so long as that review... Read More

Tags: bond , detention , barr , asylum

CA2 on Asylum, Changed Circumstances: Yang v. Barr
Posted on 3 Jul 2019 by Daniel M. Kowalski

Yang v. Barr "We are asked to determine whether the Immigration and Nationality Act’s (“INA”) exception for late filing applies only to changed circumstances underpinning a successful claim, or whether the changed circumstances... Read More

Tags: asylum

CA4 on Honduras, Gang Violence: Alvarez Lagos v. Barr
Posted on 17 Jun 2019 by Daniel M. Kowalski

Alvarez Lagos v. Barr "Sindy Marilu Alvarez Lagos testified credibly that she and her then-seven-year-old daughter, natives and citizens of Honduras, were threatened with gang rape, genital mutilation, and death if they did not comply with the... Read More

Tags: USCIS , Honduras , asylum

New USCIS memo denies access to non-adversarial affirmative asylum procedures for many vulnerable children - CLINIC Legal
Posted on 13 Jun 2019 by Daniel M. Kowalski

CLINIC Legal, June 13, 2019 "Consistent with the Trump administration’s ongoing efforts to roll back protections that Congress established for vulnerable children through the William Wilberforce Trafficking Victims Protection Reauthorization... Read More

Tags: Children , USCIS , asylum

Jeffrey S. Chase: The BIA and Selective Dismissal
Posted on 7 Jun 2019 by Daniel M. Kowalski

Jeffrey S. Chase, June 7, 2019 "On May 31, the BIA published a precedent decision in Matters of Andrade Jaso and Carbajal Ayala . In that decision, Board Member Garry Malphrus (writing for a panel that included Hugh Mullane and Ellen Liebowitz... Read More

USCIS Asylum Memo: Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children (May 31, 2019)
Posted on 5 Jun 2019 by Daniel M. Kowalski

USCIS Asylum Division, May 31, 2019 "This memorandum provides updated procedures to U.S. Citizenship and Immigration Services (USCIS) asylum offices on asylum applications filed by unaccompanied alien children ("UACs", or "UAC"... Read More

Tags: USCIS , asylum

Matter of Jaso, Matter of Ayala, 27 I&N Dec. 557 (BIA 2019)
Posted on 2 Jun 2019 by Daniel M. Kowalski

Matter of Jaso, Matter of Ayala, 27 I&N Dec. 557 (BIA 2019) An Immigration Judge has the authority to dismiss removal proceedings pursuant to 8 C.F.R. § 239.2(a)(7) (2018) upon a finding that it is an abuse of the asylum process to file a meritless... Read More

Tags: asylum

ACLU of La. and SPLC Sue Trump Administration for Illegally Denying Parole to Asylum Seekers
Posted on 31 May 2019 by Daniel M. Kowalski

ACLU, May 30, 2019 "The SPLC and the American Civil Liberties Union of Louisiana filed suit today against the Trump administration for categorically denying release to hundreds of people who are languishing in immigration prisons after lawfully... Read More

CA4 on Asylum, El Salvador, Evidence: Orellana v. Barr
Posted on 23 May 2019 by Daniel M. Kowalski

Orellana v. Barr "Ruth Jeanette Orellana, a native and citizen of El Salvador, petitions for review of the final order of the Board of Immigration Appeals (“BIA”) denying her all relief from deportation. The BIA upheld the finding of... Read More

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