Immigration Law

Recent Posts

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

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

Jeffrey S. Chase: Matter of A-B- Being Misapplied by EOIR, DHS
Posted on 14 Jul 2018 by Daniel M. Kowalski

Jeffrey S. Chase, July 13, 2018 - "One month after Attorney General Jeff Sessions issued his cruel, misguided decision in Matter of A-B- , we are seeing the first signs of how the decision is being implemented by the BIA, USCIS, and ICE. ... Read More

Are Summary Denials Coming to Immigration Court? - Jeffrey S. Chase
Posted on 24 Jun 2018 by Daniel M. Kowalski

Jeffrey S. Chase, June 24, 2018 - "An attorney recently reported the following: at a Master Calendar hearing, an immigration judge advised that if on the Individual Hearing date, both the court and the ICE attorney do not believe the respondent is... Read More

Jeffrey S. Chase - Amicus Brief Filed in C.J.L.G. v. Sessions
Posted on 21 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 21, 2018 - "On March 15, lawyers with the firm of Simpson, Thacher & Bartlett filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 11 former immigration judges and BIA Board members in... Read More

Jeffrey S. Chase on Matter of E-F-H-L-
Posted on 13 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 10, 2018 - "On Monday, the Attorney General’s strange decision in Matter of E-F-H-L- had many of us talking well into the night. As background, the BIA published its precedent decision in Matter of E-F-H-L- in 2014. The... Read More

Tags: e-f-h-l- , Chase , asylum

3rd-Generation Gangs and Political Opinion - Jeffrey S. Chase
Posted on 6 Jun 2018 by Daniel M. Kowalski

Jeffrey S. Chase, June 3, 2018 - "When Attorney General Jeff Sessions issues his decision in Matter of A-B- (the case he certified to himself to decide whether “being a victim of private criminal activity” can constitute a particular... Read More

The BIA's Withdrawn Amicus Invitation - Jeffrey S. Chase
Posted on 16 Nov 2017 by Daniel M. Kowalski

Jeffrey S. Chase, Nov. 16, 2017 - "The BIA recently withdrew as moot its invitation for amicus briefs on the following issue: whether an applicant who filed a late application for asylum based on two separate grounds (i.e. religion and coercive population... Read More

Tags: amicus , bia , Chase , asylum

Jeffrey S. Chase: The Impact of Returning Children on Well-Founded Fear
Posted on 11 Dec 2017 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 8, 2017 - "I received a request to discuss the following hypothetical: an asylum-seeking couple has a U.S. citizen child. Because of the need for both parents to work, they send the child to their country of origin. The question... Read More

Tags: Chase , Children , asylum

Matter of J-C-H-F-: An Interesting Omission - Jeffrey S. Chase
Posted on 5 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 2, 2018 - "In its decisions involving claims for protection under Article III of the U.N. Convention Against Torture, the BIA defines “government acquiescence” to include “willful blindness” by government... Read More

Former Immigration Judge Jeffrey S. Chase Asks, 'Why?'
Posted on 31 Jan 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Jan. 26, 2018 - The Impact of the BIA's Decision in Matter of W-Y-C- & H-O-B- "In Matter of W-Y-C-& H-O-B -, 27 I&N Dec. 189 (BIA Jan. 19, 2018) , the Board of Immigration Appeals held that “an applicant... Read More

Lawyer Files Disciplinary Complaint Against Chief Immigration Judge
Posted on 29 Dec 2017 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 28, 2017 - "On December 22, New York attorney Bryan S. Johnson filed a complaint with the Assistant Chief Immigration Judge for Conduct and Professionalism against Chief Immigration Judge MaryBeth Keller. The basis for the... Read More

Jeffrey S. Chase: Honor Killings and Particular Social Group
Posted on 4 Dec 2017 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies... Read More