Immigration Law

Recent Posts

Supreme Court Amicus Briefs Filed in 212(c) Cert. Pet. - Acebo-Leyva v. Holder
Posted on 27 Feb 2014 by Daniel M. Kowalski

"On Monday, twenty-six law professors from around the country urged the United States Supreme Court to grant certiorari to resolve crucial questions of how lower courts should analyze the retroactive application of immigration laws. The amicus brief... Read More

CA2 on 212(c), Rankine, Vartelas: U.S. v. Gill
Posted on 7 May 2014 by Daniel M. Kowalski

"This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The... Read More

Supremes, 9-0, slam BIA on 212(c): Judulang
Posted on 12 Dec 2011 by Daniel M. Kowalski

Held: The BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A). Pp. 9–21. - Judulang v. Holder, Dec. 12, 2011 . Here's... Read More

CA9 on Retroactivity, 212(c) - Cardenas-Delgado v. Holder
Posted on 27 Jun 2013 by Daniel M. Kowalski

"Francisco Cardenas-Delgado, a legal permanent resident of the United States since 1976, appeals from the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) decision that he... Read More

Unpub. BIA Victory, 2 CIMTs: Matter of Romero
Posted on 24 Jun 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver... Read More

BIA Slaps IJ for Disobedience in 212(c) Remand: Matter of X- (unpub.)
Posted on 21 Jul 2016 by Daniel M. Kowalski

Matter of X-, July 1, 2016, unpub. - "This matter was last before the Board on July 20, 2015, when we reversed the decision of the Immigration Judge denying the respondent's application for a waiver of inadmissibility under section 212(c) of... Read More

CA7 on 212(c), Rehabilitation: Avila-Ramirez v. Holder
Posted on 21 Aug 2014 by Daniel M. Kowalski

"An immigration judge found Carlos Avila-Ramirez “credible” and gave “full weight to his testimony” at a hearing requesting discretionary relief from removal. That testimony included Avila-Ramirez’s denial that he had... Read More

CA9 on 212(c): Peng v. Holder
Posted on 23 Mar 2012 by Daniel M. Kowalski

"Section 212(c) is available to aliens who proceeded to trial if they can plausibly argue that they relied on the availability of relief." - Peng v. Holder, Mar. 22, 2012 . Read More

Post-Judulang Remand (Unpub. BIA)
Posted on 7 Jun 2014 by Daniel M. Kowalski

Nadeen Aljijakli writes: " I am very pleased to share the BIA's recent decision to reopen our client's case for consideration of 212(c) relief in light of the Supreme Court's case in Judulang v. Holder, 132 S.Ct. 476 (2011). Judulang... Read More

Ninth Circuit Judulang Remand: Rangel-Zuazo
Posted on 14 Feb 2012 by Daniel M. Kowalski

"The opinion filed January 31, 2011, slip opinion page 1867, and published at 633 F.3d 848, is withdrawn. ... Because Petitioner’s aggravated felony ground for removal lacked a comparable inadmissibility ground, the BIA found Petitioner ineligible... Read More

Seventh Circuit on 212(c), reliance, retroactivity: Khodja v. Holder
Posted on 12 Dec 2011 by Daniel M. Kowalski

"We find that Khodja has demonstrated actual reliance in forgoing a possible benefit such that the repeal of § 212(c) does not apply retroactively in this case. Accordingly, we will remand to the agency for further proceedings to address Khodja’s... Read More

Eighth Circuit slaps BIA on 212(c), St. Cyr, retroactivity, statutory counterpart analysis: Lovan II
Posted on 13 Oct 2011 by Daniel M. Kowalski

"By conceding that In re L and In re G-A- were not overruled prior to the repeal of § 212(c), and then ignoring the rule established by those decisions, the BIA majority completely disregarded the Supreme Court’s controlling decision in... Read More

Unpub. BIA Equitable Tolling Victory: Matter of Kim
Posted on 4 Sep 2012 by Daniel M. Kowalski

Jon Eric Garde writes: "I want to share a BIA grant on a special motion to reopen for 212(c) over 13 years after the BIA order and over six years after the filing deadline post St. Cyr, as promulgated by governing regulations. Equitable tolling due... Read More

Ninth Circuit on 212(c), retroactivity: Tyson v. Holder
Posted on 27 Jan 2012 by Daniel M. Kowalski

"Tyson argues that the BIA erred when it decided that she is not eligible to seek § 212(c) discretionary relief from removal pursuant to the former Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c), which was repealed... Read More

Unpublished BIA Victory: 212(c), Ineffective Assistance, Mental Capacity
Posted on 16 Oct 2011 by Daniel M. Kowalski

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 . Read More