Immigration Law

Recent Posts

BIA Amicus Invitation...and New Rules (Due Date: Oct. 5, 2020)
Posted on 4 Sep 2020 by Daniel M. Kowalski

BIA, Sept. 4, 2020 "Amicus Invitation No. 20-04-09 AMICUS INVITATION (Alien Notice), Due Date: October 5, 2020 September 4, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

Tags: amicus brief , bia , mpp

Advance Copy of EOIR Proposed Rule
Posted on 21 Aug 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/26/2020 "The Department of Justice (“Department”) proposes to amend the regulations of the Executive Office for Immigration Review (“EOIR”) regarding... Read More

Barr Adds 3 New Hardliners to BIA
Posted on 11 Aug 2020 by Daniel M. Kowalski

EOIR, Aug. 7, 2020 "The Executive Office for Immigration Review (EOIR) today announced the appointment of Michael P. Baird, Sunita B. Mahtabfar, and Sirce E. Owen as appellate immigration judges in EOIR’s Board of Immigration Appeals. Biographical... Read More

Tags: barr , bia

Barr Extends A-M-R-C- Amicus Brief Deadline
Posted on 9 Jul 2020 by Daniel M. Kowalski

Office of the Attorney General, July 8, 2020 "Matter of A-M-R-C-, Respondent Decided by Attorney General July 8, 2020 U.S. Department of Justice Office of the Attorney General BEFORE THE ATTORNEY GENERAL On June 17, 2020, pursuant to... Read More

Tags: amicus , A-M-R-C- , barr , bia

Barr Refers Matter of A-M-R-C- to Himself: Amicus Brief Invitation
Posted on 17 Jun 2020 by Daniel M. Kowalski

Matter of A-M-R-C-, 28 I&N Dec. 7 (A.G. 2020) Interim Decision #3986 Matter of A-M-R-C-, Respondent Decided by Attorney General June 17, 2020 U.S. Department of Justice Office of the Attorney General BEFORE THE ATTORNEY GENERAL Pursuant... Read More

CA1 on Pardons: Thompson v. Barr
Posted on 22 May 2020 by Daniel M. Kowalski

Thompson v. Barr "Petitioner Richard Marvin Thompson ("Thompson") appeals the Board of Immigration Appeals' ("BIA") denial of his motion to reopen sua sponte his immigration proceedings, alleging that the BIA committed a... Read More

BIA Continues Line of Cases Validating Deficient NTAs Despite Grave Errors: Prof. Geoffrey Hoffman
Posted on 18 May 2020 by Daniel M. Kowalski

Prof. Geoffrey Hoffman, May 17, 2020 "The latest decision from the Board of Immigration Appeals (BIA), Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020) , is another case in the trend of cases at the Board validating unlawful Notice to... Read More

CA9 on Due Process, Standard of Proof: Zerezghi v. USCIS
Posted on 14 Apr 2020 by Daniel M. Kowalski

Zerezghi v. USCIS "We hold that the BIA violated due process by relying on undisclosed evidence that Zerezghi and Meskel did not have an opportunity to rebut. In making its initial determination of marriage fraud, the BIA also violated due process... Read More

EOIR Policy Memo: Filings and Signatures (Apr. 3, 2020)
Posted on 6 Apr 2020 by Daniel M. Kowalski

EOIR, Apr. 3, 2020 "This Policy Memorandum (PM) updates EOIR's policies regarding permissible signatures on documents filed with the immigration courts and the Board of Immigration Appeals. As of March 31, 2020, EOIR has begun accepting digital... Read More

CA8 on CAT, Somalia, Standard of Review: Kassim v. Barr
Posted on 3 Apr 2020 by Daniel M. Kowalski

Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif... Read More

BIA on Hardship: Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)
Posted on 31 Mar 2020 by Daniel M. Kowalski

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of... Read More

Barr Adds Two Members to BIA: Advance Copy
Posted on 31 Mar 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 04/01/2020 "This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (“Board”) by adding two Board... Read More

Tags: barr , bia , eoir

BIA on Bond, Flight Risk: Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020)
Posted on 18 Mar 2020 by Daniel M. Kowalski

Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020) The Immigration Judge properly determined that the respondent was a flight risk and denied his request for a custody redetermination where, although he had a pending application for asylum, he had no... Read More

Tags: bond , bia , flight risk

A.G. on Torture: Matter of R-A-F-, 27 I&N Dec. 778
Posted on 27 Feb 2020 by Daniel M. Kowalski

Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) (1) The Board of Immigration Appeals should consider de novo the application of law to the facts of this case, including whether the deprivations that the respondent would be likely to encounter upon... Read More

Tags: torture , barr , bia

BIA Amicus Brief Invitation: Alien Notice (Due Mar. 23, 2020)
Posted on 21 Feb 2020 by Daniel M. Kowalski

BIA, Feb. 21, 2020 "Amicus Invitation No. 20-21-02 AMICUS INVITATION (Alien Notice), Due Date: March 23, 2020 February 21, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

  • Blog Post: Unpub. BIA MTR Victory: Russia, Homosexuality

    Aaron C. Hall writes: "Our client first applied for asylum in 1992 based on persecution by the KGB in the former Soviet Union on account of his political opinion. His application was denied by the IJ and on appeal by the BIA and the Tenth Circuit. He then filed a Motion to Reopen with the BIA...
  • Blog Post: Unpub. BIA Remand Victory: Using Martinez v. Mukasey

    "[I]n Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit reached a different result than that reached by this Board in Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010) (LJ. at 6-7). The Fifth Circuit determined that the statutory bar on...
  • Blog Post: Unpublished BIA Victory: 212(c), Ineffective Assistance, Mental Capacity

    Jon Eric Garde of Las Vegas recently received good news from the BIA, granting his motion to reopen a case that had last been before the Board in 1998! Matter of Stevens, A035-172-124 - Detroit, Oct. 12, 2011, unpublished .
  • Blog Post: Unpub. BIA Victory: Mali, FGM, one-year bar

    Prof. Geoffrey A. Hoffman writes: " The UH Immigration Clinic has just won an appeal from the Board of Immigration Appeals (BIA) involving an asylum claim which was denied previously by the Immigration Court here in Houston. The claim was filed by a mother of a family of four. She had suffered...
  • Blog Post: MATTER OF N-T- AS PROGENY OF MATTER OF A-T-: A TEACHING TOOL FOR FGM CASES

    "This case will make an interesting teaching example for immigration professors discussing the ramifications of the Attorney General’s precedential decision on female genital mutilation (FGM), Matter of A-T- I&N Dec. 617 (A.G. 2008). In the decision rendered by the BIA on October 14...
  • Blog Post: Unpub. BIA Remand Victory: AOS, False Claim

    Matthew L. Kolken writes: " Attached is a BIA decision overturning the IJ in Buffalo. He ruled that my client was statutorily ineligible for adjustment due to an alleged false claim to US citizenship that never happened. I moved for recusal during the course of proceedings, which was denied...
  • Blog Post: Seventh Circuit on JRADs, due process, ineffective assistance

    "Jorge Solis-Chavez is a native of Guatemala who has been a lawful permanent resident in the United States since 1980. In 2007 he faced removal as a result of a 1989 Illinois conviction for sexual abuse of a minor. He initially argued that he was not subject to removal because the judge who convicted...
  • Blog Post: Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group

    "[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances have no bearing on petitioner's veracity should...
  • Blog Post: 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 comport with the rules of evidence or because...
  • Blog Post: New BIA Member Appointed

    "The Executive Office for Immigration Review (EOIR) today announced that Attorney General Eric Holder appointed Ana Landazabal Mann to the Board of Immigration Appeals (BIA). Ms. Mann will begin work as a board member on November 21, 2011." - EOIR, Nov. 15, 2011 .
  • Blog Post: Unpub. BIA Victory: child abuse

    Attorney Aaron Tarin writes: " Here is a bit of good news to those battling the toxic spread of Matter of Soram 's expansive definition of child abuse. [In an unpublished decision dated Dec. 6, 2011 ] the Board held that Assault with Substantial Bodily Injury in the Presence of a Child...
  • Blog Post: Unpub. BIA mental competency remand victory

    "[A] remand is appropriate to enable the parties to apply the framework set out in Matter of M-A-M-, supra, including consideration of whether the respondent has a mental illness that impacted her credibility at the hearing." - Matter of X-, Oct. 5, 2011 . [Hats off to Rachel Gore Freed at...
  • Blog Post: Unpub. BIA asylum remand victory: arrest warrant as pretext

    "On appeal, the respondent argues that the arrest warrant issued against him is a pretext for political persecution. See Long v. Holder 620 F3d 162, 166 (2nd Cir. 2010) (noting that prosecution that is pretext for political persecution is not on account of law enforcement); Matter of Sibrun, 18...
  • Blog Post: What the BIA is reading

    Here's a link to the Nov-Dec 2011 issue (Vol. 5, No. 10) of the Immigration Law Advisor , published by EOIR.
  • Blog Post: Unpub. BIA Cancellation Victory

    Jose Quintero of Catholic Charities, Miami, won this recent victory at the BIA. Bravo! "[W]e conclude that the respondent warrants cancellation of removal as a matter of discretion. In finding that the respondent did not merit a favorable exercise of discretion, the Immigration Judge properly considered...
  • Blog Post: Unpub. BIA Visa Petition Victory: MTF Transgender Married to USC Male

    "Having considered the unique circumstances of this case, we find that, while it does not mirror the factual scenario of Matter of Lovo , supra, it is a variation of our finding in that case. ... [W]e find that the petitioner and the beneficiary have a "monogamous, heterosexual marriage."...
  • Blog Post: Unpub. BIA Waiver Victory: 'Otherwise Admissible'

    Russell R. Abrutyn writes: "Although there were a number of issues in this case, the primary issue was whether the noncitizen, who married a few days before immigrating as the child of a DV winner, was eligible for a 237(a)(1)(H) waiver. The Immigration Judge and, initially, the BIA held ...
  • Blog Post: Unpub. BIA Res Judicata Victory: Gaytan-Castro

    "We agree with the Immigration Judge that the present removal proceedings are barred under the doctrine of res judicata even if the respondent was erroneously granted adjustment of status in the prior proceedings. ... Although the instant proceedings are based on a different charge of removability...
  • Blog Post: BIA on divisibility: Matter of Lanferman, ID 3744, 25 I&N Dec. 721 (BIA 2012)

    Matter of Lanferman, ID 3744, 25 I&N Dec. 721 (BIA 2012) - A criminal statute is divisible, regardless of its structure, if, based on the elements of the offense, some but not all violations of the statute give rise to grounds for removal or ineligibility for relief.
  • Blog Post: David Neal new BIA Chairman; Robin Stutman new CAHO

    "The Executive Office for Immigration Review (EOIR) announced today that the Attorney General has appointed a new Chairman of the Board of Immigration Appeals (BIA). Effective March 26, 2012, David L. Neal, previously Vice Chairman of the BIA, will serve the agency as Chairman. Mr. Neal...
  • Blog Post: Unpub. BIA 'Extreme Cruelty' Victory: Matter of A-L-M-

    "The principal question on remand is whether the respondent remains eligible for special rule cancellation of removal despite the death of her daughter. We find that she does." - Matter of A-L-M-, Mar. 5, 2012, unpub . Hats off to Katherine Barrett Wiik, National Network to End Violence...
  • Blog Post: Unpub. BIA Asylum Victory; Egypt, Persecution, 'Unreasonable Expectations'

    David L. Cleveland writes: "An asylum applicant from Egypt suffered real harm, including an assault by an unidentified man that left her unconscious, but was denied by the IJ for failing to show the motive of her attacker. The BIA said that the IJ "may have imposed an unreasonable expectation...
  • Blog Post: Matter of A-Y-M-, ID 3750, 25 I&N Dec. 791 (BIA 2012)

    Matter of A-Y-M-, ID 3750, 25 I&N Dec. 791 (BIA 2012) - Following the enactment of the Child Status Protection Act, Pub. L. No. 107-208, 116 Stat. 927 (2002), an unmarried alien seeking derivative asylum status based on the approval of his or her parent’s application for asylum who turned 21...
  • Blog Post: Searching for that Unpub. BIA Case?

    A reader writes: "I would be very grateful if you could locate and transmit to me copies of two unreported Board cases cited at page 359 of the March 15, 2007 BIB: Matter of Mitter , A73-767-969 (BIA July 20, 2006) and Matter of Lee , A79-626-439 (BIA Apr. 12, 2006)." I used the "Search"...
  • Blog Post: Unpub. BIA Marriage Fraud Victory: Matter of Kagau

    "While the Notice Of Intent to Deny ("NOID") the previous visa petition questioned the validity of the underlying marriage and referenced the fraud provision under section 204(c) of the Immigration and Nationality Act, 8 U.S.c. § 1154(c), neither the NOID nor the subsequent Field...