Immigration Law

Recent Posts

UT Law Prof. Stephen Vladeck Previews the CA4 Oral Argument on the Travel Ban
Posted on 8 May 2017 by Daniel M. Kowalski

C-SPAN, May 8, 2017 - " Stephen Vladeck previewed the Fourth Circuit Court of Appeals oral argument on the Trump Administration’s revised travel ban executive order issued in March 2017. The court was considering an appeal of a Maryland U.S... Read More

Williams Mullen Alert: Are Civil RICO Class Actions Based on Alleged Immigration Offenses Dead?
Posted on 13 Aug 2012 by Williams Mullen

By Mary E. Pivec and Reba Mendoza The Fourth Circuit's recent decision in Walters v. McMahen [ enhanced version available to subscribers ] affirming the trial court's dismissal of a civil RICO class action at the pleading stage is encouraging... Read More

CA4 on Honduras, MS-13, Nexus - Salgado-Sosa v. Sessions
Posted on 19 Feb 2018 by Daniel M. Kowalski

Salgado-Sosa v. Sessions, Feb. 13, 2018 - "Reynaldo Salgado-Sosa, a native and citizen of Honduras, seeks asylum, withholding of removal, and protection under the Convention Against Torture. If he is returned to Honduras, he fears, he will face persecution... Read More

CA4 on CIMT: Ramirez v. Sessions
Posted on 18 Apr 2018 by Daniel M. Kowalski

Ramirez v. Sessions - "Jose Ramirez seeks review of the decision of the Board of Immigration Appeals (BIA) finding him ineligible for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Specifically... Read More

Audio of CA4 En Banc Oral Argument, IRAP v. Trump (Dec. 8, 2017)
Posted on 8 Dec 2017 by Daniel M. Kowalski

Audio of CA4 En Banc Oral Argument, IRAP v. Trump (Dec. 8, 2017) En Banc Panel: Chief Judge Roger L. Gregory Judge Paul V. Niemeyer Judge Diana Gribbon Motz Judge William B. Traxler, Jr. Judge Robert B. King Judge Dennis W. Shedd Judge G. Steven... Read More

CA4 on Asylum, Changed Circumstances - Romero Zambrano v. Sessions
Posted on 6 Dec 2017 by Daniel M. Kowalski

Romero Zambrano v. Sessions, Dec. 5, 2017 - "This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may... Read More

Thoughts on the Appellate Court Decision Against Trump’s Revised Travel Ban
Posted on 26 May 2017 by Daniel M. Kowalski

Ilya Somin, Washington Post, May 25, 2017 - "In a 10-3 decision today, the US Court of Appeals for the Fourth Circuit has upheld a trial court injunction against President Trump’s revised travel ban executive order, temporarily barring citizens... Read More

Fourth Circuit on Conviction: Phan v. Holder
Posted on 2 Feb 2012 by Daniel M. Kowalski

"We ... hold that because Phan’s 2002 conviction was set aside on rehabilitative grounds, USCIS properly considered it when passing on Phan’s application for naturalization. In 2002, Phan was convicted by a jury in D.C. Superior Court... Read More

CA4 on CIMT: Mohamed v. Holder
Posted on 20 Oct 2014 by Daniel M. Kowalski

"Because Mohamed’s 2011 conviction for failure to register as a sex offender, in violation of Va. Code Ann. § 18.2-472.1, was not a crime involving moral turpitude, the BIA erred as a matter of law in relying on that conviction as a basis... Read More

CA4 on Agg. Fel. - Amos v. Lynch
Posted on 10 Jun 2015 by Daniel M. Kowalski

"In this appeal, we review consolidated petitions filed by Richard Jesus Amos, a citizen of the Philippines, challenging decisions of the Board of Immigration Appeals (the BIA, or the Board), which dismissed Amos’s appeal from an immigration... Read More

Matter of U. Singh Remanded
Posted on 24 Oct 2013 by Daniel M. Kowalski

"This case is before us instantly pursuant to a remand from the United States Court of Appeals for the Fourth Circuit filed on July 5, 2012. ... In our published decision, Matter of U. Singh , [25 I&N Dec. 670 (BIA 2012)] we reached two main... Read More

CA4 on Entry, Official Restraint: De Leon v. Holder
Posted on 31 Jul 2014 by Daniel M. Kowalski

"[A] finding that De Leon entered free from official restraint would qualify him for cancellation of removal -- an outcome the government opposes. The BIA cannot apply its official-restraint standard broadly when broadness favors the government’s... Read More

CA4 on Coram Nobis, Ineffective Assistance: U.S. v. Akinsade
Posted on 27 Jul 2012 by Daniel M. Kowalski

"Appellant Temitope Akinsade appeals the district court’s denial of his petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651 claiming that he was denied effective assistance of counsel when he plead guilty to embezzlement... Read More

CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria
Posted on 15 Jan 2014 by Daniel M. Kowalski

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore... Read More

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch
Posted on 1 May 2015 by Daniel M. Kowalski

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate... Read More