Immigration Law

Recent Posts

CA3 on Costello, Chevron: Singh v. Atty. Gen.
Posted on 1 Sep 2021 by Daniel M. Kowalski

Singh v. Atty. Gen. "Baljinder Singh achieved what many immigrants to our country seek: he became a naturalized citizen. Unfortunately, he did so through willful misrepresentation, and, as a consequence, his citizenship was revoked. Before that... Read More

Tags: Chevron

CA11 on Plain Meaning: Hylton v. Atty. Gen.
Posted on 1 Apr 2021 by Daniel M. Kowalski

Hylton v. Atty. Gen. "This petition for review requires us to decide whether a denaturalized alien is removable as an aggravated felon based on convictions entered while he was an American citizen. The Board of Immigration Appeals ordered Matthew... Read More

Tags: Chevron

CA4 on Withholding, PSG, El Salvador, Chevron: Amaya v. Rosen
Posted on 26 Jan 2021 by Daniel M. Kowalski

Amaya v. Rosen "[T]he only issue before us with respect to Amaya’s withholding claim is the narrow question of whether the PSG “former Salvadoran MS-13 members” is sufficiently particular. ... We are mindful that two of our sister... Read More

Acting A.G. Remands Matter of A-B-
Posted on 14 Jan 2021 by Daniel M. Kowalski

Acting Attorney General, Jan. 14, 2021, Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) Headnotes: (1) Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), did not alter the existing standard for determining whether a government is “unwilling or... Read More

The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials
Posted on 28 May 2020 by Daniel M. Kowalski

Cyrus D. Mehta and Sonal Sharma, May 28, 2020 "In June 2019, when the Supreme Court handed down a decision in Kisor v Wilkie , it was yet to be seen what impact this decision would have on federal court challenges to H-1B denials. Prior to Kiso... Read More

Rethinking Chevron?
Posted on 3 Feb 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Feb. 2, 2020 "The powers of the Attorney General and the Board of Immigration Appeals to influence law by issuing binding precedent decisions is greatly enhanced by what is known as Chevron deference. The principle derives from... Read More

Tags: Chevron

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch
Posted on 23 Feb 2016 by Daniel M. Kowalski

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status,... Read More

CA5 on Adjustment of Status, Chevron Deference: Dhuka v. Holder
Posted on 4 May 2013 by Daniel M. Kowalski

"This petition for review challenges the Board of Immigration Appeals’ determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” We conclude the BIA properly... Read More

CA10 on Chevron, Brand X and Retroactivity: Gutierrez-Brizuela v. Lynch
Posted on 23 Aug 2016 by Daniel M. Kowalski

Gutierrez-Brizuela v. Lynch, Aug. 23, 2016 - "Hugo Gutierrez-Brizuela applied for adjustment of status in reliance on our decision in Padilla-Caldera I during the period it remained on the books. About that much there is no dispute. But unlike Mr... Read More

CA9 on Chevron, NACARA: Aragon-Salazar v. Holder
Posted on 3 Oct 2014 by Daniel M. Kowalski

"Jorge Dario Aragon-Salazar (Aragon), a native and citizen of Guatemala, petitions for review of a decision by the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of his application for special rule cancellation... Read More

CA5 on Chevron, Adjustment, Admission and Proper NTA Charging: Marques v. Lynch
Posted on 24 Aug 2016 by Daniel M. Kowalski

Marques v. Lynch, Aug. 19, 2016 - "We are urged to press on beyond the seemingly clear language of the statute into the ambiguity created by the overall operation of the INA. The possibility of venturing beyond the confines of Sections 1227(a)(1... Read More

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?
Posted on 10 Jun 2014 by Daniel M. Kowalski

"Cuellar de Osorio does contain some seeds of hope for better outcomes in the future. ... [A] majority of the Court agrees that the meaning of §1153(h)(3) is an ambiguity subject to Chevron deference, rather than suggesting, as the Second Circuit... Read More

Third Circuit on social group, Chevron, exhaustion: Valdiviezo-Gamez II
Posted on 8 Nov 2011 by Daniel M. Kowalski

"In Lin v. Attorney General, 543 F.3d 114 (3d Cir. 2008), we held that “the BIA’s consideration of an issue is sufficient to provide us with jurisdiction over that issue" even if the petitioner fails to raise the issue before the... Read More

CA4 Guts Persecutor Bar Test in Matter of A-H-: Haddam v. Holder
Posted on 5 Dec 2013 by Daniel M. Kowalski

"[T]he Attorney General formulated a new definition of the persecutor bar based on Mr. Haddam’s case. Under the new rule, an individual who is the leader of a political group that has ties with an armed group is denied withholding if there... Read More

CA10 on Chevron, Aggravated Felony: Rangel-Perez v. Lynch
Posted on 2 Mar 2016 by Daniel M. Kowalski

Rangel-Perez v. Lynch, Mar. 1, 2016 - "Petitioner Fabian Rangel-Perez challenges the Board of Immigration Appeals’ (“BIA”) characterization of his Utah misdemeanor conviction as an “aggravated felony” under the Immigration... Read More