Immigration Law

Recent Posts

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

CA1 on Evidence: Aguilar-Escoto v. Sessions
Posted on 28 Oct 2017 by Daniel M. Kowalski

Aguilar-Escoto v. Sessions, Oct. 27, 2017 - "Petitioner Irma Aguilar-Escoto, a native and citizen of Honduras, asks us to vacate a Board of Immigration Appeals ("BIA" or "Board") order rejecting her claim for withholding of removal... Read More

BIA on Violation of Protective Order: Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017)
Posted on 20 Nov 2017 by Daniel M. Kowalski

Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017) - Whether a violation of a protection order renders an alien removable under section 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), is not governed... Read More

Mixed Reaction to New Wa. Evidence Rule re Immigration Status in Civil, Criminal Trials
Posted on 15 Nov 2017 by Daniel M. Kowalski

Evan Bush, Seattle Times, Nov. 15, 2017 - "Last Wednesday, the state Supreme Court ... approved a rule that makes evidence about a person’s immigration status “generally inadmissible” in civil and criminal courts statewide unless... Read More

Unpub. BIA Remand: Evidence, Fact-Finding, Testimony (Feb. 7, 2018)
Posted on 5 Mar 2018 by Daniel M. Kowalski

Matter of X-, Feb. 7, 2018, unpublished - "[W]e agree with the respondent's contention that in denying his motion to reopen, the Immigration Judge erroneously denied him the opportunity to testify regarding the amount of monetary loss involved... Read More

BIA on Use of I-9 in Removal Proceedings: Matter of Bett
Posted on 30 Oct 2014 by Daniel M. Kowalski

Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N... Read More

Tags: bia , removal , I-9 , Evidence , bett

CA1 on Evidence, TPS, El Salvador: Shul-Navarro v. Holder
Posted on 13 Aug 2014 by Daniel M. Kowalski

"In short, both the Immigration Judge and the Board failed to explain adequately the only finding they expressly made in considering Shul's application for temporary protected status: that Shul failed to provide "reliable" information... Read More

BIA on Proving Familial Relationships for Visa Petitions: Matter of Rehman, 21 I&N Dec. 124 (BIA 2017)
Posted on 21 Sep 2017 by Daniel M. Kowalski

Matter of Rehman, 21 I&N Dec. 124 (BIA 2017) - Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as... Read More