Immigration Law

Recent Posts

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

Matter of Singh, 27 I&N Dec. 598 (BIA 2019)
Posted on 23 Aug 2019 by Daniel M. Kowalski

Matter of SIngh, 27 I&N Dec. 598 (BIA 2019) (1) The standard of proof necessary to bar the approval of a visa petition based on marriage fraud under section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2012), is “substantial... Read More

Pro Se Evidence Remand at CA4: Ali v. Atty. Gen.
Posted on 6 Aug 2019 by Daniel M. Kowalski

Ali v. Atty. Gen. "All in all, the Board’s opinion in this case is a classic example of a decision that is incapable of review due to a lack of reasoned consideration. Its failure to discuss “highly relevant” evidence, see Min... Read More

Tags: bia , Evidence

CA6 on Changed Country Conditions, Guatemala: Pablo Lorenzo v. Barr
Posted on 9 Jul 2019 by Daniel M. Kowalski

Pablo Lorenzo v. Barr "Because the BIA failed to properly evaluate Pablo’s undisputed, reasonably specific evidence, and because it applied the wrong legal standards with respect to his motion to reopen based on changed country conditions... Read More

CA7 on Persecution, El Salvador, MS-13 - Arrazabal II
Posted on 9 Jul 2019 by Daniel M. Kowalski

Arrazabal v. Barr "This matter is before this court for a second time on Francisco Arrazabal’s pending requests for withholding of removal and protection under the Convention Against Torture (“CAT”). Arrazabal contends that he... Read More

CA4 on Asylum, El Salvador, Evidence: Orellana v. Barr
Posted on 23 May 2019 by Daniel M. Kowalski

Orellana v. Barr "Ruth Jeanette Orellana, a native and citizen of El Salvador, petitions for review of the final order of the Board of Immigration Appeals (“BIA”) denying her all relief from deportation. The BIA upheld the finding of... Read More

CA6 on Evidence: Hernandez-Perez v. Whitaker
Posted on 17 Dec 2018 by Daniel M. Kowalski

Hernandez-Perez v. Whitaker - "Leonel Hernandez-Perez originally applied for cancellation of removal based on hardship that his removal would cause his U.S. citizen daughter, L. After that application was denied, he filed a motion to reopen removal... Read More

New Wa. State Evidence Rule Protects Immigrants - ER 413
Posted on 17 Aug 2018 by Daniel M. Kowalski

David Martin, Ken Masters, and Joe Morrison, NW Lawyer, July 2018 - "The Washington Supreme Court adopted ER 413, which strictly limits the use of immigration-status evidence in judicial proceedings, last year. The rule, which takes effect Sept.... Read More

Unpub. BIA Asylum Remand Insists IJ Follow the Law (Nov. 6, 2017)
Posted on 10 Nov 2017 by Daniel M. Kowalski

Humza Kazmi writes: "Our client brought an asylum claim, through another attorney. The Immigration Judge found that our client was credible, but hadn't provided sufficient corroborative evidence for part of his claim (membership in a particular... Read More

Tags: bia , kazmi , remand , Evidence , asylum