Immigration Law

Recent Posts

CA11 on Prolonged ICE Detention, Bivens, Jurisdiction: Alvarez v. ICE
Posted on 25 Mar 2016 by Daniel M. Kowalski

Alvarez v. ICE, Mar. 24, 2016 - "Although we hold that § 1252(g) does not bar us from considering the merits of Alvarez’s claim, we also find that no Bivens remedy is available to him, both because the Immigration and Nationality Act sets... Read More

CA11 on Divisibility, AggFel - Ulloa Francisco v. U.S. Atty. Gen.
Posted on 13 Mar 2018 by Daniel M. Kowalski

Ulloa Francisco v. U.S. Atty. Gen. - "In the case before us, the AG proved that the alien, a lawful permanent resident, was removable for having been convicted of a felony related to drug trafficking. INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227... Read More

CA11 on Waiver Authority: Meridor v. U.S. Attorney General
Posted on 8 Jun 2018 by Daniel M. Kowalski

Meridor v. U.S. Attorney General - "Finest Meridor, a native and citizen of Haiti, seeks review of the Board of Immigration Appeals’ (BIA) final order of removal. That order vacated the order of an immigration judge (IJ), which had granted... Read More

CA11 on Divisibility, AggFel - Cintron v. U.S. Atty. Gen.
Posted on 21 Feb 2018 by Daniel M. Kowalski

Cintron v. U.S. Atty. Gen. - "Natalia Cintron petitions for review of a Board of Immigration Appeals (“BIA”) decision denying her application for cancellation of removal from the United States and ordering that removal. The BIA concluded... Read More

CA11 on 'Reasoned Consideration' of Evidence: Gaksakuman v. U.S. Attorney General
Posted on 19 Sep 2014 by Daniel M. Kowalski

"Gaksakuman argues that the Board erred when it denied his application for asylum, withholding of removal, and relief under the Convention based on his membership in the social group of “failed asylum seekers.” The Immigration Clinic... Read More

CA11 on 'Applicant for Admission' - Ortiz-Bouchet v. U.S. Atty. Gen.
Posted on 24 Apr 2013 by Daniel M. Kowalski

"We initially find that the IJ erred as a matter of law in finding Ortiz and Malpica inadmissible pursuant to 8 U.S.C. § 1182(a)(7)(A)(i)(I) because that section only applies to applicants for admission and not to immigrants like Ortiz and Malpica... Read More

CA11 on China, Persecution: Huang v. Holder
Posted on 29 Dec 2014 by Daniel M. Kowalski

"It’s not always enough to say that you did something. Sometimes, you have to show it as well. Or at least you have to not do something else that may raise a question as to whether you did what you said you did. In this petition, the Board... Read More

Vassell II - CA11 on 'Theft Offense'
Posted on 29 Oct 2016 by Daniel M. Kowalski

Vassell II, Oct. 21, 2016 - "The opinion issued by this panel in this case on June 13, 2016 is withdrawn, and this opinion is issued in its place. In our earlier opinion, this Court reversed the holding of the Board of Immigration Appeals (BIA) that... Read More

CA11 on Jurisdiction, Reasonable Fear, Reinstatement: Jimenez-Morales v. Lynch
Posted on 3 May 2016 by Daniel M. Kowalski

Jimenez-Morales v. Lynch, May 2, 2016 - "[T]he question we must address is whether the conclusion of the reasonable fear proceeding made Mr. Jimenez-Morales’ premature 2014 petition for review ripen into one that gave us jurisdiction. The government... Read More

CA11 on Aggravated Felony: Donawa v. U.S. Atty. Gen.
Posted on 9 Nov 2013 by Daniel M. Kowalski

"We must decide whether a conviction under Fla. Stat. § 893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is, as a matter of law, a drug trafficking aggravated felony. After a careful review of the record, and... Read More

CA11 on Continuances: Ferreira v. U.S. Atty. Gen. (Updated)
Posted on 16 Apr 2013 by Daniel M. Kowalski

"Anderson Ferreira, a native and citizen of Brazil, sought a continuance of his deportation proceedings to await the availability of an immigrant visa based on his approved I-140 petition. After the Immigration Judge denied Ferreira’s motion... Read More

Eleventh Circuit on FGM, Senegal, relocation: Seck v. Atty. Gen.
Posted on 8 Dec 2011 by Daniel M. Kowalski

"Ms. Ndeye Ndicke Seck, a native and citizen of Senegal, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) final order, which affirmed an Immigration Judge’s decision to deny her application for withholding... Read More

CA11 on Equitable Tolling: Ruiz-Turcios v. U.S. Atty. Gen.
Posted on 19 Apr 2013 by Daniel M. Kowalski

"Because both the time and numerical limitations on motions to reopen removal proceedings are non-jurisdictional and subject to equitable tolling, the BIA erred in denying Ruiz-Turcios’s motion to reopen without considering whether he is entitled... Read More

CA11 on 'Clear Error' - Zhu v. U.S. Attorney General
Posted on 4 Jan 2013 by Daniel M. Kowalski

"At issue in this appeal is whether the BIA erred when it overturned the immigration judge’s (“IJ”) factual findings -- particularly the finding that Zhu would likely be forcibly sterilized upon returning to China -- not through... Read More