Immigration Law

Recent Posts

Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
Posted on 10 Nov 2022 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/16/2022 "Through this notice, the U.S. Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction order of... Read More

CA1 on El Salvador, CAT, MS-13: Chavez v. Garland
Posted on 22 Oct 2022 by Daniel M. Kowalski

Chavez v. Garland "Rommel Alexander Chavez, a citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for withholding of removal under the Immigration... Read More

CA9 on INTERPOL Red Notice, CAT: Gonzalez-Castillo v. Garland
Posted on 31 Aug 2022 by Daniel M. Kowalski

Gonzalez-Castillo v. Garland "Petitioner Oscar Gonzalez-Castillo was found to be ineligible for withholding of removal by an Immigration Judge (“IJ”) because there were “serious reasons to believe that [he] committed a serious... Read More

CA4 Rejects BIA's "Fruition" Test: Sorto-Guzman v. Garland
Posted on 3 Aug 2022 by Daniel M. Kowalski

Sorto-Guzman v. Garland "Petitioners Zoila Sorto-Guzman and Axel Rivas-Sorto, a twenty-three-year-old mother and her seven-year-old son, respectively, seek asylum in the United States after fleeing El Salvador following death threats and violence... Read More

Unpub. CA2 CAT Remand (El Salvador)
Posted on 7 Jul 2022 by Daniel M. Kowalski

Giron v. Garland "The agency did not adequately explain its denial of CAT relief. See Poradisova v. Gonzales, 420 F.3d 70, 77 (2d Cir. 2005) (“[W]e require a certain minimum level of analysis from the IJ and BIA opinions denying asylum, and... Read More

CA4 on PSG: Escobar Gomez v. Garland (Unpub., 2-1)
Posted on 13 Dec 2021 by Daniel M. Kowalski

Escobar Gomez v. Garland "Carlos Escobar Gomez seeks review of the Board of Immigration Appeals’ (BIA) dismissal of his application for asylum. The BIA determined that Escobar Gomez was ineligible for asylum because he failed to establish... Read More

CA4 on Nexus: Aleman-Medrano v. Garland (Unpub.)
Posted on 2 Nov 2021 by Daniel M. Kowalski

Aleman-Medrano v. Garland "Aleman-Medrano’s central argument on appeal is that the agency [EOIR: the IJ and the BIA] erred at the second step of the analysis, improperly rejecting his claim that he was targeted by gang members “on account... Read More

CA9 on Exhaustion, Social Group, CAT, El Salvador: Vasquez-Rodriguez v. Garland
Posted on 5 Aug 2021 by Daniel M. Kowalski

Vasquez-Rodriguez v. Garland "We conclude that the approach set forth in Matter of E-A-G- [24 I. & N. Dec. 591 (B.I.A. 2008)] is inconsistent with the requisite fact-based analysis of proposed particular social groups. ... We do not suggest... Read More

CA4, En Banc, on El Salvador, MS-13: Portillo Flores v. Garland
Posted on 29 Jun 2021 by Daniel M. Kowalski

Portillo Flores v. Garland "When he was 15 years old, Hernan Portillo-Flores (“Petitioner”), a resident of El Salvador, sought refuge in the United States. When Petitioner was living in El Salvador, El Pelón, a leader of the... Read More

Countdown to Sanchez v. Mayorkas Supreme Court Oral Argument
Posted on 7 Apr 2021 by Daniel M. Kowalski

April 19, 2021 is the big day. Here is a link to all the briefs. Here is a link to "The Attack on TPS," by David Wilson and Kelsey Friberg, Dec. 31, 2020. And here is a link to "Their Lawsuit Prevented 400,000 Deportations. Now It’s... Read More

CA9 on Asylum, El Salvador, Social Group: Acevedo Granados v. Garland
Posted on 24 Mar 2021 by Daniel M. Kowalski

Acevedo Granados v. Garland "Petitioner Wilber Agustin Acevedo Granados (“Acevedo”), a native of El Salvador, petitions for review of the decision by the Board of Immigration Appeals (“BIA”) affirming an order of removal... Read More

DOS Suspends, Terminates Asylum Cooperative Agreements with El Salvador, Guatemala, and Honduras
Posted on 9 Feb 2021 by Daniel M. Kowalski

State Department, Feb. 6, 2021 "The United States has suspended and initiated the process to terminate the Asylum Cooperative Agreements with the Governments of El Salvador, Guatemala, and Honduras as the first concrete steps on the path to greater... Read More

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

Agreement Between El Salvador and U.S.
Posted on 21 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 "The Department of Homeland Security is publishing the Agreement Between the Government of the United States of America and the Government of the Republic of El Salvador for Cooperation... Read More

TPS Continuation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
Posted on 7 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 "Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction orders of the U.S. District Court... Read More