Immigration Law

Recent Posts

Supreme Court: Mellouli On Hold
Posted on 24 Aug 2015 by Daniel M. Kowalski

"Moones Mellouli, a Tunisian who had been living legally in the United States until he was deported for a minor drug crime, won one appeal to the Supreme Court this past June and on Friday moved into position potentially to win another. The Justices... Read More

News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin
Posted on 2 Jun 2015 by LexisNexis Legal Newsroom Staff

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com... Read More

CA8 on Ethiopia, Well-Founded Fear: Tegegn v. Holder
Posted on 13 Jan 2013 by Daniel M. Kowalski

"[T]he BIA did not adequately consider one aspect of his distinct claim of a well-founded fear of future persecution that was supported by credible testimony and by other record evidence including State Department Human Rights Reports. Accordingly... Read More

CA8 on FLSA: Lucas v. Jerusalem Cafe
Posted on 31 Jul 2013 by Daniel M. Kowalski

"For varying periods between June 2007 and March 2010, Elmer Lucas and five other aliens (collectively, workers), without employment authorization, toiled in the Jerusalem Cafe (Cafe), some for less than minimum wage and all without receiving overtime... Read More

CA8 on corroboration, defective transcript: Omondi v. Holder
Posted on 15 Mar 2012 by Daniel M. Kowalski

"[T]he IJ and BIA did not err in their assessment that it was reasonable to expect further corroborative evidence from Omondi to support his asylum application. Because Kamau was involved in the same arrest and detention as Omondi, it was reasonable... Read More

CA8 on Credibility: Zhang v. Holder
Posted on 11 Dec 2013 by Daniel M. Kowalski

"After careful review, we conclude the Immigration Judge’s (IJ) adverse credibility findings, adopted by the BIA, are not supported by substantial evidence in the record. We therefore grant the petition for review and remand the case for further... Read More

CA8 on Evidence of Admission, Departure: Rodriguez-Quiroz v. Lynch
Posted on 31 Aug 2016 by Daniel M. Kowalski

Rodriguez-Quiroz v. Lynch, Aug. 31, 2016 - "Francisco Rodriguez-Quiroz, a native and citizen of Mexico, was charged with being subject to removal as an alien present in the United States without inspection and without admission or parole. Following... Read More

CA8 Arkansas H-2B Wage Victory - Cuellar-Aguilar v. Deggeller Attractions, Inc.
Posted on 15 Dec 2015 by Daniel M. Kowalski

Cuellar-Aguilar v. Deggeller Attractions, Inc., Dec. 15, 2015 - "Appellants are nineteen workers who were employed by Deggeller Attractions, Inc. (“Deggeller”), a Florida corporation that operates a traveling carnival in Arkansas and... 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

CA8 on Past Persecution, GMC: Flores v. Holder
Posted on 7 Nov 2012 by Daniel M. Kowalski

"Reviewing the BIA's opinion, it is unclear why the BIA upheld the IJ's finding that Flores did not suffer past persecution. ... Remand is also necessary because if the BIA is upholding the IJ's apparent adoption of a blanket rule that... Read More

CA8 on Burglary, Aggravated Felony - Xiong v. Lynch
Posted on 9 Sep 2016 by Daniel M. Kowalski

Xiong v. Lynch, Sept. 8, 2016 - "In its motion to remand, the government argues that the Board should consider whether a second-degree burglary in Minnesota constitutes a generic “burglary” within the meaning of § 1101(a)(43)(G)... Read More

CA8 on Evidence, Due Process: Patel v. Sessions
Posted on 23 Aug 2017 by Daniel M. Kowalski

Patel v. Sessions, Aug. 22, 2017 - "We conclude that the BIA erred in affirming the IJ’s admission of Nilesh’s affidavit and the USCIS report without granting Patel’s request for a subpoena or otherwise providing Patel the opportunity... Read More

CA8 on CIMT; BIA Failed to Apply Silva-Trevino: Godoy Bobadilla v. Holder
Posted on 29 May 2012 by Daniel M. Kowalski

"The only issue we will address is whether his conviction for providing a false name to a peace officer is categorically a crime involving moral turpitude, a question of law we have jurisdiction to consider. ... We grant Bobadilla’s petition... Read More

CA8 on Credibility, Frivolousness, Materiality: Limbeya v. Holder
Posted on 22 Aug 2014 by Daniel M. Kowalski

"Boendi Limbeya, a citizen of the Democratic Republic of Congo (DRC), petitions for review of an order of removal from the Board of Immigration Appeals (BIA). Limbeya filed an application for asylum in 2005. Following a hearing, an Immigration Judge... Read More

CA8 on DOL H-1B Investigative Authority - Greater Missouri Medical Pro-Care Providers, Inc. v. Perez
Posted on 14 Dec 2015 by Daniel M. Kowalski

GMM v. Perez, Dec. 14, 2015 - "Greater Missouri Medical Pro-Care Providers, Inc. (GMM) provides physical and occupational therapists to serve in hospitals, nursing homes, and similar facilities. GMM appeals the district court’s decision to... Read More