Immigration Law

Recent Posts

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

Reh. En Banc Granted: Portillo Flores v. Barr (Asylum; Standard of Review)
Posted on 25 Nov 2020 by Daniel M. Kowalski

Portillo Flores v. Barr, Nov. 25, 2020 "A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant the petition for rehearing en banc, IT IS ORDERED that rehearing en banc is granted... Read More

CA9 on El Salvador, Mara-18, Unable/Unwilling to Control: J.R. v. Barr
Posted on 11 Sep 2020 by Daniel M. Kowalski

J.R. v. Barr "[W]e hold that substantial evidence does not support the BIA’s conclusion that the El Salvadoran government was both able and willing to control the Mara-18 gang whose members attacked JR and killed his son. ... Petition for... Read More

CA3 on Asylum, Social Group, El Salvador: Guzman Orellana v. Barr
Posted on 17 Apr 2020 by Daniel M. Kowalski

Guzman Orellana v. Barr "We must now decide three issues: (1) whether persons who publicly provide assistance to law enforcement against major Salvadoran gangs constitute a cognizable particular social group for purposes of asylum and withholding... Read More

Senators Question Agreements Used by the Trump Administration to Expel Asylum Seekers to Northern Triangle Countries
Posted on 7 Feb 2020 by Daniel M. Kowalski

Sen. Elizabeth Warren, Feb. 6, 2020 "Warren, Menendez Lead Senators Questioning Agreements Used by the Trump Administration to Expel Asylum Seekers to Northern Triangle Countries Touted in the State of the Union Address, the Trump Administration's... Read More

Deported to Danger
Posted on 5 Feb 2020 by Daniel M. Kowalski

Deported to Danger: United States Deportation Policies Expose Salvadorans to Death and Abuse - Human Rights Watch, Feb. 5, 2020 "The US government has deported people to face abuse and even death in El Salvador. The US is not solely responsible—Salvadoran... Read More

CA2 on Political Opinion: Hernandez-Chacon v. Barr
Posted on 24 Jan 2020 by Daniel M. Kowalski

Hernandez-Chacon v. Barr "Petitioner contends that she is entitled to asylum because if she is returned to El Salvador, she will be persecuted on account of her membership in a particular social group ‐‐ Salvadoran women who have resisted the sexual... Read More