Immigration Law

Recent Posts

CA11 on Persecution, Religion, China: Shi v. U.S. Atty. Gen.
Posted on 5 Feb 2013 by Daniel M. Kowalski

"[T]he only question presented on appeal is whether the record compels the conclusion that Shi suffered past persecution when his church service was broken up, his family’s bibles were confiscated, and he was detained for seven days, slapped... Read More

CA11 on Material Misrepresentation: Alfaro v. Sessions
Posted on 17 Jul 2017 by Daniel M. Kowalski

Alfaro v. Sessions, July 13, 2017 - "Roger Ricardo Alfaro seeks review of the Board of Immigration Appeals’ (BIA) final order of removal. In its decision, the BIA affirmed an immigration judge’s finding that Alfaro is removable under... Read More

CA11 on Modified Categorical Approach: Gordon v. Atty. Gen.
Posted on 11 Jul 2017 by Daniel M. Kowalski

Gordon v. Atty. Gen. - "Petitioner Lannie Gordon (“Gordon”) petitions for review of the Board of Immigration Appeals’ (“Board” or “BIA”) order upholding the Immigration Judge’s (“IJ”) finding... Read More

CA11 on Remarriage Bar: Pascoal v. DHS
Posted on 18 Jan 2014 by Daniel M. Kowalski

"Raquel Pascoal Williams appeals the District Court’s grant of summary judgment in favor of the U.S. Department of Homeland Security (DHS). The District Court interpreted parts of the Immigration and Nationality Act (INA) to prevent Ms. Pascoal... Read More

CA11 on Statute of Limitations, Marriage Fraud: USA v. Rojas
Posted on 20 Jun 2013 by Daniel M. Kowalski

"Congress’s use of the phrase “enters into” in the explicit language of the statute—an act that can only occur on the singular date that a marriage takes place—upends the district court’s conclusion that marriage... Read More

CA11 on Departure Bar: Lin v. Atty. Gen.
Posted on 24 May 2012 by Daniel M. Kowalski

"We are asked to decide whether the “departure bar” regulation—stating that the Board of Immigration Appeals (“BIA”) may not entertain a motion to reopen filed by or on behalf of a person who has departed the United... Read More

CA11 on Jurisdiction: Bedoya-Melendez v. Atty. Gen.
Posted on 17 May 2012 by Daniel M. Kowalski

"Because the battered-spouse determination under § 1229b(b)(2) is a discretionary decision, we lack jurisdiction to review the Board’s decision that Bedoya-Melendez is not a battered spouse. See 8 U.S.C. § 1252(a)(2)(B). For that... Read More

11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules
Posted on 1 Apr 2013 by Daniel M. Kowalski

" Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural... Read More

CA11 on 209(c) - Makir-Marwil v. Atty. Gen.
Posted on 22 May 2012 by Daniel M. Kowalski

"Gai Makir-Marwil, a native and citizen of Sudan, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order affirming the Immigration Judge’s (“IJ”) order of removal and denial of Makir-Marwil’s... Read More

CA11 on Credibility: Wu v. U.S. Attorney General
Posted on 12 Mar 2013 by Daniel M. Kowalski

"[T]he IJ’s repeated references that Wu’s story “just seems suspicious to me” or “just seems implausible to me” evince a determination made on personal perception or whim, not evidence. ... Our review of the record... Read More

CA11 (En Banc) on Equitable Tolling: Avila-Santoyo v. U.S. Atty. Gen. (Abdi Overruled)
Posted on 14 Apr 2013 by Daniel M. Kowalski

"[W]e overrule our circuit precedent in Abdi, and now hold that the 90-day time limit to file a motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(i) is not jurisdictional. ... [W]e agree with every other circuit to have addressed this issue and... Read More

CA11 on Theft, Fraud, Consent...and Inconsistent BIA Rulings: Vassell v. U.S. Atty. Gen.
Posted on 13 Jun 2016 by Daniel M. Kowalski

Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell... Read More

CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.
Posted on 16 Jun 2016 by Daniel M. Kowalski

Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of... Read More

CA11 on 212(h): Lawal v. U.S. Attorney General
Posted on 1 Mar 2013 by Daniel M. Kowalski

"It is thus unclear whether the BIA’s current interpretation of § 212(h)—that an alien seeking § 212(h) relief who has not filed an adjustment of status application must remain “outside our borders while applying for relief”—overrules... Read More

CA11 on Equitable Tolling: Ruiz-Turcios II
Posted on 24 May 2013 by Daniel M. Kowalski

"In light of this Court’s en banc decision in Avila-Santoyo v. U.S. Att’y Gen., —F.3d. —, No. 11-14941, 2013 WL 1499419 (11th Cir. Apr. 12, 2013), and upon panel rehearing, we previously vacated our original panel opinion... Read More