Immigration Law

Recent Posts

CA5 "Overlooked Evidence" Remand: Emmanuel-Tata v. Garland (unpub.)
Posted on 13 Jan 2022 by Daniel M. Kowalski

Emmanuel-Tata v. Garland (unpub.) "Tarlishi Emmanuel-Tata, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s denial of his claims for asylum, withholding... Read More

CA9 on Fundamental Fairness: Alcaraz-Enriquez v. Garland
Posted on 14 Dec 2021 by Daniel M. Kowalski

Alcaraz-Enriquez v. Garland "Despite its obligation under Saidane, the DHS made no effort—good faith or otherwise—to procure for Alcaraz’s cross-examination the witnesses whose testimony was embodied in the probation report and... Read More

Tags: Evidence

CA9 on Iran, Evidence, CAT: Etemadi v. Garland
Posted on 9 Sep 2021 by Daniel M. Kowalski

Etemadi v. Garland "Kami Etemadi, a citizen and native of Iran, came to the United States in 1996 and made a life in Los Angeles. After being introduced to an Iranian American church, he converted to Christianity and was baptized in 1999. The government... Read More

CA1 on El Salvador, Gang Membership, Jurisdiction, Hardship, Evidence: Perez-Trujillo v. Garland
Posted on 28 Jun 2021 by Daniel M. Kowalski

Perez-Trujillo v. Garland "At issue are Nestor Perez-Trujillo's petitions for review of two decisions by the Board of Immigration Appeals ("BIA"): its 2011 ruling affirming the denial of his application for asylum, withholding of... Read More

CA1 on Credibility, Evidence: Cuesta-Rojas v. Garland
Posted on 16 Mar 2021 by Daniel M. Kowalski

Cuesta-Rojas v. Garland "Darwin Aliesky Cuesta Rojas ("Cuesta Rojas"), a native and citizen of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum... Read More

CA4 on Evidence, Social Group, Nexus, Honduras: Arita-Deras v. Wilkinson
Posted on 5 Mar 2021 by Daniel M. Kowalski

Arita-Deras v. Wilkinson "Maria Del Refugio Arita-Deras, a native and citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (the Board). The Board affirmed an immigration judge’s... Read More

CA1 on Evidence, Due Process: Molina-Diaz v. Wilkinson
Posted on 26 Feb 2021 by Daniel M. Kowalski

Molina-Diaz v. Wilkinson "After reviewing the record, we conclude that the IJ never gave Molina the necessary opportunity to explain why she did not provide corroborating evidence. ... Molina also argues that the BIA erred in finding that she did... Read More

BIA on Fraudulent Documents: Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021)
Posted on 8 Jan 2021 by Daniel M. Kowalski

Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021) - An Immigration Judge may find a document to be fraudulent without forensic analysis or other expert testimony where the document contains obvious defects or readily identifiable hallmarks of fraud and... Read More

Tags: Evidence

CA4 on Evidence, El Salvador, Gang Violence: Alvarado Alvarado v. Barr (unpub.)
Posted on 4 Nov 2020 by Daniel M. Kowalski

Alvarado Alvarado v. Barr (unpub.) "[H]ere, Alvarado’s testimony, like that of the applicant in Ortez-Cruz, did not conclusively establish a change in circumstances. Accordingly, the Government bore the burden to demonstrate that that it... Read More

BIA on 204(c) - Matter of Pak
Posted on 2 Nov 2020 by Daniel M. Kowalski

Matter of Pak, 28 I&N Dec. 113 (BIA 2020) Where there is substantial and probative evidence that a beneficiary’s prior marriage was fraudulent and entered into for the purpose of evading the immigration laws, a subsequent visa petition filed... Read More

CA4 on Evidence, Social Group: Hernandez-Cartagena v. Barr
Posted on 15 Oct 2020 by Daniel M. Kowalski

Hernandez-Cartagena v. Barr "Petitioner is correct that the IJ and BIA failed to adequately address unrebutted evidence in the record -- evidence that compels the conclusion that Petitioner’s family membership was at least one central reason... Read More

Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)
Posted on 25 Sep 2020 by Daniel M. Kowalski

Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020) (1) In assessing whether to admit the testimony of a witness as an expert, an Immigration Judge should consider whether it is sufficiently relevant and reliable for the expert to offer an informed opinion... Read More

Tags: Evidence , expert

CA2 on Changed Country Conditions: Tanusantoso v. Barr
Posted on 24 Jun 2020 by Daniel M. Kowalski

Tanusantoso v. Barr "Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) petitioned for review after the Board of Immigration Appeals (BIA) denied their third motion to reopen, in which they alleged a change of country conditions... Read More

CA5 Slaps BIA on Honduras, Evidence: Inestroza-Antonelli v. Barr
Posted on 10 Apr 2020 by Daniel M. Kowalski

Inestroza-Antonelli v. Barr "Marisela Inestroza-Antonelli, a native Honduran citizen, filed a motion to reopen her removal proceedings on the basis of changed country conditions in Honduras. She relied in part on the alleged dismantling of institutional... Read More

CA4 on Right to Testify: Atemnkeng v. Barr
Posted on 27 Jan 2020 by Daniel M. Kowalski

Atemnkeng v. Barr "In her petition for review, she raises several claims, most notably, that her due process rights were violated when the Baltimore IJ deprived her of an opportunity to testify on remand. Concluding that Atemnkeng’s claim... Read More