Immigration Law

Recent Posts

CA9 on Equitable Tolling, Stop-Time Rule, Evidence: Abbas v. Garland
Posted on 25 Jan 2023 by Daniel M. Kowalski

Abbas v. Garland (unpub.) "Mohamed Kamal Eldin Abbas (“Abbas”), a native and citizen of Egypt, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying his motions to reconsider and to reopen... Read More

CA5 Blasts BIA for "Complete Lack of Discussion of...Evidence" in Mexican CAT Case
Posted on 12 Dec 2022 by Daniel M. Kowalski

Aguado-Cuevas v. Garland (unpub.) "Oscar Aguado-Cuevas, a Mexican national, petitions for review of the BIA’s decision affirming a denial of his application for relief under the Convention Against Torture. For the reasons below, we GRANT... Read More

Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA 2022)
Posted on 9 Dec 2022 by Daniel M. Kowalski

Matter of Mariscal-Hernandez, 28 I&N Dec. 666 (BIA 2022) (1) Where an Immigration Judge finds that a traffic stop was nothing more than a routine law enforcement action, a respondent has not established a prima face case of a Fourth Amendment violation—much... Read More

CA5 on Evidence, CAT, Cameroon: Ndifon v. Garland
Posted on 5 Oct 2022 by Daniel M. Kowalski

Ndifon v. Garland "Elmond Echaukian Ndifon, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his... Read More

CA2 on Evidence: Santiaguez v. Garland
Posted on 16 Sep 2022 by Daniel M. Kowalski

Santiaguez v. Garland (unpub.) "Santiaguez contends that the agency failed to appropriately weigh evidence demonstrating that he faced a risk of torture if he returned to Mexico due to his status as an indigenous gay man and advocate for transgender... Read More

Tags: Evidence

CA1 on Abuse of Discretion: Rivera-Medrano v. Garland
Posted on 30 Aug 2022 by Daniel M. Kowalski

Rivera-Medrano v. Garland "Karen Elizabeth Rivera-Medrano, a citizen and native of El Salvador, has petitioned for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of her request for withholding of removal... Read More

BIA on Impeachment Evidence: Matter of E-F-N-
Posted on 30 Jun 2022 by Daniel M. Kowalski

Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022) Interim Decision #4048 - An Immigration Judge may rely on impeachment evidence as part of a credibility determination where the evidence is probative and its admission is not fundamentally unfair, and the... Read More

CA5 on Due Process, Credibility: Nkenglefac v. Garland
Posted on 18 May 2022 by Daniel M. Kowalski

Nkenglefac v. Garland "Petitioner Giscard Nkenglefac, a native and citizen of Cameroon, applied for admission into the United States on May 9, 2018. The immigration judge (“IJ”), Agnelis Reese, denied Nkenglefac’s application... Read More

CA7 Slaps the BIA Again: Osmani v. Garland
Posted on 24 Jan 2022 by Daniel M. Kowalski

Osmani v. Garland "In 2019, the Department of Human Services (“DHS”) sought to remove Ilir Osmani, a refugee of the Kosovo War, based on his criminal convictions and crimes of moral turpitude. An Immigration Judge (“IJ”... Read More

Tags: Evidence , Kosovo

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