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Daniel M. Kowalski
1 month 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
8 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
9 months ago
Immigration Law
Inside News
Unpub. CA1 Victory: G.P. v. Garland
G.P. v. Garland "Petitioner G.P. seeks review of the Board of Immigration Appeals' ("BIA") decision affirming the denial of his application for protection under the Convention Against Torture ("CAT"). We first address our...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA5 on Due Process, Credibility: Nkenglefac v. Garland
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 for relief from removal...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA5 "Overlooked Evidence" Remand: Emmanuel-Tata v. Garland (unpub.)
Emmanuel-Tata v. Garland (unpub.) "Tarlishi Emmanuel-Tata, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s denial of his claims for asylum, withholding of removal...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA1 on Credibility, Evidence: Cuesta-Rojas v. Garland
Cuesta-Rojas v. Garland "Darwin Aliesky Cuesta Rojas ("Cuesta Rojas"), a native and citizen of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA4 on Evidence, Social Group, Nexus, Honduras: Arita-Deras v. Wilkinson
Arita-Deras v. Wilkinson "Maria Del Refugio Arita-Deras, a native and citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (the Board). The Board affirmed an immigration judge’s (IJ)...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA1 on Evidence, Due Process: Molina-Diaz v. Wilkinson
Molina-Diaz v. Wilkinson "After reviewing the record, we conclude that the IJ never gave Molina the necessary opportunity to explain why she did not provide corroborating evidence. ... Molina also argues that the BIA erred in finding that she did...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA4 on Evidence, El Salvador, Gang Violence: Alvarado Alvarado v. Barr (unpub.)
Alvarado Alvarado v. Barr (unpub.) "[H]ere, Alvarado’s testimony, like that of the applicant in Ortez-Cruz, did not conclusively establish a change in circumstances. Accordingly, the Government bore the burden to demonstrate that that it was more...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA4 on Evidence, Social Group: Hernandez-Cartagena v. Barr
Hernandez-Cartagena v. Barr "Petitioner is correct that the IJ and BIA failed to adequately address unrebutted evidence in the record -- evidence that compels the conclusion that Petitioner’s family membership was at least one central reason for...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA2 on Changed Country Conditions: Tanusantoso v. Barr
Tanusantoso v. Barr "Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) petitioned for review after the Board of Immigration Appeals (BIA) denied their third motion to reopen, in which they alleged a change of country conditions...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA4 on Right to Testify: Atemnkeng v. Barr
Atemnkeng v. Barr "In her petition for review, she raises several claims, most notably, that her due process rights were violated when the Baltimore IJ deprived her of an opportunity to testify on remand. Concluding that Atemnkeng’s claim related...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA7 on Persecution, El Salvador, MS-13 - Arrazabal II
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 faces the likelihood...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA4 on Asylum, El Salvador, Evidence: Orellana v. Barr
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...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
CA1 on Asylum, Internal Relocation, Evidence: García-Cruz v. Sessions
García-Cruz v. Sessions, May 26, 2017 - "There is significant evidence in the record supporting a conclusion that relocation would be unreasonable. But García-Cruz has understandably focused on the BIA's failure to properly analyze the reasonableness...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder
"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA7 on Corroboration, Asylum, Zimbabwe: Sibanda v. Holder
"After fleeing from her native Zimbabwe to the United States, Lucy Sibanda applied for asylum and other relief from removal. She fears that if she is repatriated, her brother‐in‐law will exercise his rights under a tribal custom that deems her, his...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder (unpub.)
"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written in...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
CA6 on Unsworn Documents as Evidence: Zhang v. Holder
"Yu Yun Zhang, proceeding through counsel, petitions this court to review an order from the Board of Immigration Appeals (“BIA” or “Board”) that denied her motion to reopen her immigration proceedings based on changed country conditions. The parties...
Daniel M. Kowalski
over 12 years ago
Immigration Law
Inside News
Fourth Circuit on evidence: Tassi v. Holder
"[O]ur analysis of Tassi’s petition for review exposes several categories of error. For example, the IJ contravened the principle that corroborative evidence supporting an asylum application cannot be rejected solely because it does not strictly...
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