Immigration Law

Recent Posts

Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase
Posted on 12 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers... Read More

EOIR's Troubling New Regulations - Jeffrey S. Chase
Posted on 9 Jul 2019 by Daniel M. Kowalski

Jeffrey S. Chase, July 5, 2019 "On July 2, the Department of Justice published final regulations impacting how decisions of immigration judges will be reviewed, both on appeal to the Board of Immigration Appeals and by certification to the Attorney... Read More

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

Jeffrey S. Chase: Latest Pereira Developments
Posted on 3 Jun 2019 by Daniel M. Kowalski

Jeffrey S. Chase, June 3, 2019 "I have previously discussed the implications of the Supreme Court’s 2018 decision in Pereira v. Sessions here and here . There are two aspects to the Pereira decision. The first is the narrow issue presented... Read More

A Better Approach to "Unable or Unwilling" Analysis? - Jeffrey S. Chase
Posted on 22 Apr 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Apr. 21, 2019 “K.H., a Guatemalan native and citizen, was kidnapped, beaten, and raped in Guatemala when she was seven years old.” That horrifying sentence begins a recent decision of the U.S. Court of Appeals for the Sixth... Read More

The Immigration Court: Issues and Solutions - Jeffrey S. Chase
Posted on 29 Mar 2019 by Daniel M. Kowalski

Editor's Note: This is the most important - and damning - exposé of the Immigration Courts to date. Please read every word. Jeffrey S. Chase, Mar. 28, 2019 " The following is the transcript of my lecture on March 28, 2019 at Cornell... Read More

Jeffrey S. Chase on R.F.M. v. Nielsen
Posted on 19 Mar 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 19, 2019 "This past Friday, the Department of Homeland Security’s random policy change deeming youths between the ages of 18 and 20 years old ineligible for special immigration protection ran into a brick wall in the... Read More

All The World's A Stage (Including the 2nd Circuit!)
Posted on 11 Feb 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Feb. 10, 2019 "“ How did we get here? How the hell… Pan left - close on the steeple of the church .” Jonathan Larson, “Halloween,” from Rent The above lines popped into my head as I... Read More

Jeffrey S. Chase: IJs Grant Gender-Based Asylum Claims
Posted on 21 Jan 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Jan. 20, 2019 "As my friend Paul Schmidt announced on his excellent blog immigrationcourtside.com, immigration judges in San Francisco and Arlington, VA recently issued written decisions granting asylum to victims of domestic... Read More

Jeffrey S. Chase on Haiti, TPS and Racial Bias
Posted on 8 Jan 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Jan. 7, 2019 - "This morning, the trial began in Saget v. Trump , before District Judge William Kuntz in the Eastern District of New York. As your Brooklyn observer, I attended the opening hours of what is likely to be a two or... Read More

Tags: Haiti , tps , saget , Chase

Jeffrey S. Chase on the Impact of Grace v. Whitaker
Posted on 25 Dec 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 24, 2018 - "Six months after a significant number of U.S. immigration judges cheered a decision intended to revoke the hard-earned right of domestic violence victims to asylum protection, immigration advocates had their chance... Read More

EOIR Creates More Obstacles for Families
Posted on 14 Dec 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 13, 2018 - "In a November 16 memo to immigration judges, EOIR’s Director, James McHenry, announced that after a nearly two-year reprieve, “Family Unit” cases are again being prioritized, under conditions designed... Read More

Interpreting Pereira: A Hint of Things to Come? - Jeffrey S. Chase
Posted on 10 Dec 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 8, 2018 - "Last week, the U.S. Court of Appeals for the Eleventh Circuit, a court generally known for its conservatism, issued an order granting an emergency stay of removal in the case of Manuel Leonidas Duran-Ortega v. U... Read More

The Case Against Indefinite Detention - Hon. Jeffrey S. Chase
Posted on 6 Aug 2018 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Aug. 5, 2018 - "An amicus brief was recently filed on behalf of a group of 20 former Immigration Judges and BIA Members (including myself) in the case of Rodriguez et. al. v. Robbins . The case, which was remanded back to the... Read More

Attorneys and Credible Fear Review - Jeffrey S. Chase
Posted on 23 Jul 2018 by Daniel M. Kowalski

Jeffrey S. Chase, July 22, 2018 - "It is difficult not to cry (as I did) while listening to the recording of a recent immigration court hearing at a detention facility near the border. The immigration judge addresses a rape victim who fled to this... Read More