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Daniel M. Kowalski
4 days ago
Immigration Law
Inside News
BIA on Evidence, Social Group, El Salvador: Matter of F-C-S-
Matter of F-C-S- "Regarding the respondent’s two remaining proposed particular social groups, we will remand to the Immigration Judge for further development of the record. The Immigration Judge’s decision contains conflicting legal...
Daniel M. Kowalski
24 days ago
Immigration Law
Inside News
Matter of Azrag, 28 I&N Dec. 784 (BIA 2024)
Matter of Azrag, 28 I&N Dec. 784 (BIA 2024) - Where a State court order granting a respondent’s motion to vacate a conviction does not indicate the reason for the vacatur, and there is no other basis in the record to independently establish...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
The BIA Hints At A Post-Chevron World
Cyrus D. Mehta and Kaitlyn Box, Feb. 13, 2024 "On January 31, 2024, the Board of Immigration Appeals (BIA) issued a decision in Matter of Aguilar Hernandez . Mr. Aguilar Hernandez, a noncitizen from Mexico, had been served a Notice to Appear...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
BIA on Collateral Estoppel: Matter of Panin
Matter of Panin - A respondent’s release from Federal pretrial criminal custody does not preclude an Immigration Judge from denying a respondent’s request for release from immigration detention under section 236(a) of the Immigration and Nationality...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
CA9 on Abuse of Discretion: Alcarez-Rodriguez v. Garland
Alcarez-Rodriguez v. Garland "Ashley Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (BIA’s) decision and order denying her motion to remand her removal proceedings to the Immigration...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
BIA Case Completion Data, 2019-2023
EOIR provided these slides in response to my FOIA request.
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
EOIR Proposed Rule: Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
This document is scheduled to be published in the Federal Register on 09/08/2023 "In December 2020, the Department of Justice issued a final rule (the “AA96 Final Rule”) establishing novel limits on the authority of immigration judges...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
New BIA Board Member: Katharine E. Clark
EOIR, Aug. 14, 2023 "The Executive Office for Immigration Review (EOIR) today announced the appointment of Katharine E. Clark as a Board Member of EOIR’s Board of Immigration Appeals (BIA). The BIA is the highest administrative body for interpreting...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
BIA on CAT: Matter of J-G-R-
Matter of J-G-R- (1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
BIA Amicus Brief Invitation: Notice to Appear (Due Aug. 31, 2023)
EOIR, Aug. 1, 2023 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: Pursuant to Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022): 1. Should...
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...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
BIA Attorney Advisor Job Openings
DOJ, July 18, 2023 "The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the EOIR is to...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
CA9: BIA's Application of Richmond Untenable, Unmoored, Unreasonable, Incoherent: Ramírez Muñoz v. Garland
Ramírez Muñoz v. Garland "We must decide whether Ramírez’s conduct—lying to local authorities about U.S. citizenship—was for a “purpose or benefit under” a particular law. The BIA, relying on its...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
BIA Job Opening
EOIR, June 23, 2023 "The Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ) is seeking a highly-qualified individual to join our team of expert professionals who serve as Appellate Immigration Judges. This is an Excepted...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
USCIS Providing Documents After Notice of Immigration Judge and BIA Decisions About Immigration Status
USCIS, May 4, 2023 "We now are affirmatively creating and providing documented evidence of their status to certain new asylees and lawful permanent residents upon our receiving notification that an immigration judge or the Board of Immigration...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
NYLAG Unpub. BIA FOIA Update
NYLAG, Jan. 30, 2023 "... Under the settlement approved in February 2022, the Board is required to place nearly all its opinions into an online reading room, accessible to all in perpetuity, ensuring that immigration advocates will have access...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Remember the NYLAG Settlement? (BIA Unpubs.)
In case you had forgotten... "... In February 2022, the United States District Court for the Southern District of New York ordered the Board to establish an online library of its unpublished opinions – the result of a settlement between the NYLAG...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
BIA Pro Bono Project News (Sept. 15, 2022)
EOIR, Sept. 15, 2022 "As part of EOIR’s “Access EOIR” initiative, the agency is seeking to revise its Form EOIR-26 , Notice of Appeal from a Decision of an Immigration Judge, to include a section for unrepresented respondents to consent to have...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA1 on Abuse of Discretion: Rivera-Medrano v. Garland
Rivera-Medrano v. Garland "Karen Elizabeth Rivera-Medrano, a citizen and native of El Salvador, has petitioned for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of her request for withholding of removal...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Garland Appoints New BIA Member: Beth Liebmann
EOIR, Apr. 13, 2022 "Attorney General Merrick B. Garland has appointed Beth Liebmann as a Member of EOIR’s Board of Immigration Appeals (BIA). ... Judge Liebmann earned a Bachelor of Arts in 1981 from Brandeis University and a Juris Doctor in 1984...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
BIA Amicus Invitation: Texas Burglary; Crime of Violence; Due Date May 3, 2022
EOIR, Apr. 12, 2022 "ISSUES PRESENTED: 1. Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
BIA Amicus Invitation: Vacatur of a Criminal Conviction (Due Date Apr. 6, 2022)
BIA, Mar. 16, 2022 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: What factors should the Board weigh when considering an untimely motion to...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
82,645 Appeals Pending at the BIA
As of Jan. 19, 2022 there are 82,645 appeals pending at the BIA.
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA4 on Abuse of Discretion, Continuances: Garcia Cabrera v. Garland
Garcia Cabrera v. Garland "This petition arises out of an immigration judge’s (IJ) refusal (affirmed by the Board of Immigration Appeals (BIA)) to continue the deportation proceedings of a movant that the IJ himself recognized was likely to obtain...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
EOIR Electronic Case Access and Filing Final Rule
Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 "On December 4, 2020, the Executive Office for Immigration Review (“EOIR”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”), proposing to amend EOIR’s regulations...
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