Immigration Law

Recent Posts

CA1 on Asylum, Mexico; Faults DOJ for 'a Profound Misunderstanding of the Law' - Rosales Justo v. Sessions
Posted on 18 Jul 2018 by Daniel M. Kowalski

Rosales Justo v. Sessions - "Petitioner Javier Rosales Justo ("Rosales"), a citizen of Mexico, claims that the Board of Immigration Appeals ("BIA") erred when it reversed an immigration judge's order granting him asylum. The... Read More

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

CA1 on Notice: Renaut v. Lynch
Posted on 4 Jun 2015 by Daniel M. Kowalski

"We agree that the IJ dropped the ball and applied the wrong legal standard in reviewing Renaut's motion (albeit a different legal error from the one Renaut identified). The BIA likewise missed by affirming the IJ based on that incorrect legal... Read More

CA1 OKs Maine's Withdrawal of Medical Benefits to LPRs Under PRWORA
Posted on 1 May 2014 by Daniel M. Kowalski

"A federal appeals court has ruled that Maine did not run afoul of the Constitution by ending state-funded medical care for some legal aliens who are ineligible for Medicaid. The U.S. Court of Appeals for the First Circuit held Monday that the class... Read More

CA1 on IJ/BIA Errors of Fact: Perez v. Holder
Posted on 31 Jul 2014 by Daniel M. Kowalski

"As [OIL] now concedes, both the BIA and the IJ mistakenly concluded that Perez could have continued his social activism provided he paid extortion money to the gang members. But that erroneous finding conflated Perez's testimony that the gang... Read More

CA1 on 'Particularly Serious Crime' - Velerio-Ramirez v. Lynch
Posted on 14 Dec 2015 by Daniel M. Kowalski

Velerio-Ramirez v. Lynch, Dec. 11, 2015 - "Inconsistent characterization of the governing law by the immigration authorities and insufficient analysis by the Board of Immigration Appeals ("BIA") lead us, in an abundance of caution, to remand... Read More

CA1 on ICE Detention of American Citizens: Morales v. Chadbourne
Posted on 18 Jul 2015 by Daniel M. Kowalski

"]W]e agree with Morales that the law was clearly established in 2009 that, under the Fourth Amendment, an ICE agent required probable cause to issue an immigration detainer. We, therefore, affirm the district court's denial of qualified immunity... Read More

CA1 on Ineffective Assistance, Exceptional Circumstances: Murillo-Robles v. Lynch
Posted on 11 Oct 2016 by Daniel M. Kowalski

Murillo-Robles v. Lynch, Oct. 11, 2016 - "Although the Board of Immigration Appeals (BIA) has broad discretion in the disposition of motions to reopen, broad discretion is not the same as unfettered discretion. This case, which arises out of an in... Read More

CA1 on Imputed Political Opinion, Pakistan: Javed v. Holder
Posted on 28 May 2013 by Daniel M. Kowalski

"Javed's credible, factual testimony amply established that his persecutors imputed a political opinion to him (albeit incorrectly), and that this opinion was at least a "central reason" for their attacks on him. ... The Board and IJ's... Read More

CA1 on CIMT, Modified Categorical Approach: Patel v. Holder
Posted on 4 Feb 2013 by Daniel M. Kowalski

"In 2003, petitioner Nupur Patel pled guilty to conspiracy-to-commit-larceny charges stemming from a scheme in which he stole from the dorm rooms of his college classmates. As a result, an Immigration Judge (IJ) and the Board of Immigration Appeals... Read More

CA1 on Aggravated Felony: Whyte v. Lynch
Posted on 10 Dec 2015 by Daniel M. Kowalski

Whyte v. Lynch, Dec. 9, 2015 - "Because Whyte was convicted in 1999 of third-degree assault under a Connecticut statute, Conn. Gen. Stat. § 53a–61(a)(1), the Board of Immigrations Appeals ("BIA") ordered his removal, reasoning... Read More

CA1 on Asylum, Internal Relocation, Evidence: García-Cruz v. Sessions
Posted on 26 May 2017 by Daniel M. Kowalski

García-Cruz v. Sessions, May 26, 2017 - "There is significant evidence in the record supporting a conclusion that relocation would be unreasonable. But García-Cruz has understandably focused on the BIA's failure to properly analyze... Read More

CA1 on Categorical Approach: Peralta Sauceda v. Lynch
Posted on 25 Apr 2016 by Daniel M. Kowalski

Peralta Sauceda v. Lynch, Apr. 22, 2016 - "Jose Ricardo Peralta Sauceda, who entered the United States illegally in 1993 from Honduras, conceded in 2007 that he was removable but requested cancellation of removal. He now petitions for review of the... Read More

CA1 on Credibility: Mboowa v. Lynch
Posted on 31 Jul 2015 by Daniel M. Kowalski

"Petitioner Henry Mboowa, a native and citizen of Uganda, asks us to review a Board of Immigration Appeals ("BIA") order denying his claims for asylum, withholding of removal, and protection under the United Nations Convention Against Torture... Read More

CA1 on Mandatory Detention: Reid v. Donelan
Posted on 14 Apr 2016 by Daniel M. Kowalski

Reid v. Donelan, Apr. 13, 2016 - "The district court held that detention pursuant to § 1226(c) for over six months was presumptively unreasonable and granted summary judgment to the class, thereby entitling each class member to a bond hearing... Read More