Immigration Law

Recent Posts

CA2 on CAT, Honduras: Garcia-Aranda v. Garland
Posted on 21 Nov 2022 by Daniel M. Kowalski

Garcia-Aranda v. Garland "Karla Iveth Garcia-Aranda petitions for review of two decisions of the Board of Immigration Appeals (“BIA”) denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”... Read More

Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
Posted on 10 Nov 2022 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/16/2022 "Through this notice, the U.S. Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction order of... Read More

CA1 on Honduras, MS-13, CAT: H.H. v. Garland
Posted on 22 Oct 2022 by Daniel M. Kowalski

H.H. v. Garland "Petitioner H.H. seeks review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for deferral of removal to Honduras under the Convention Against Torture ("CAT").... Read More

IJ Distinguishes Jaco, Grants Asylum (PSG = Honduran Women)
Posted on 9 Jun 2022 by Daniel M. Kowalski

Hats off to Prof. Hiroko Kusuda for her victory in New Orleans Immigration Court ! IJ Eric Marsteller distinguished Jaco v. Garland, stating: "The Fifth Circuit in Jaco v. Garland suggested that "Honduran women" is not sufficiently particular... Read More

CA10 (2-1) on Honduras, Transgender Women: Gonzalez Aguilar v. Garland
Posted on 29 Mar 2022 by Daniel M. Kowalski

Gonzalez Aguilar v. Garland "Kelly Gonzalez Aguilar is a transgender woman from Honduras. She came to the United States and applied for asylum, withholding of removal, and deferral of removal. In support, Kelly claimed • past persecution in... Read More

CA1 on Credibility: Lopez Troche v. Garland
Posted on 19 Oct 2021 by Daniel M. Kowalski

Lopez Troche v. Garland "Mario Rene Lopez Troche ("Lopez Troche"), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirms the denial of his application for... Read More

Unpub. CA6 on Honduras, Social Group: Corea Escoto v. Garland
Posted on 7 Jul 2021 by Daniel M. Kowalski

Corea Escoto v. Garland (unpub.) "Given the BIA’s repeated reliance on A-B-, briefing on the effect of A-B-’s overruling is necessary. We remand to the BIA to reconsider Corea’s asylum claim in the first instance, this time under... Read More

Unpub. CA5 on Honduras, CAT, State Involvement: Guity Casildo v. Garland
Posted on 1 Jul 2021 by Daniel M. Kowalski

Guity Casildo v. Garland (unpub.) "[T]he BIA has not addressed the question of the applicability of the color-of-law rule regarding state involvement in torture. ... The parties agree that a remand is the best alternative where the BIA has made... Read More

Tags: torture , cat , Honduras

CA9 on CAT, Honduras: Alvarado-Herrera v. Garland
Posted on 13 Apr 2021 by Daniel M. Kowalski

Alvarado-Herrera v. Garland "Israel Alvarado-Herrera, a native and citizen of Honduras, reentered the United States illegally in 2017. The Department of Homeland Security (DHS) ordered him removed to Honduras after reinstating an earlier removal... Read More

CA5 on Honduras, Gangs, Persecution: Morales Lopez v. Garland
Posted on 20 Mar 2021 by Daniel M. Kowalski

orales Lopez v. Garland (unpub.) "[W]e agree with her overarching point: the IJ and the BIA improperly determined that Morales Lopez did not make a sufficient showing of past persecution and a well-founded fear of future persecution. ... Morales... Read More

CA9 on CAT, Honduras: Aguilar-Osorio v. Garland
Posted on 15 Mar 2021 by Daniel M. Kowalski

Aguilar-Osorio v. Garland "He ... argues ... that he faces the threat of future torture, pointing to the State Department’s Country Report that describes pervasive criminality within Honduran society. Although the IJ declined to receive the... 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

DOS Suspends, Terminates Asylum Cooperative Agreements with El Salvador, Guatemala, and Honduras
Posted on 9 Feb 2021 by Daniel M. Kowalski

State Department, Feb. 6, 2021 "The United States has suspended and initiated the process to terminate the Asylum Cooperative Agreements with the Governments of El Salvador, Guatemala, and Honduras as the first concrete steps on the path to greater... Read More

TPS Continuation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal
Posted on 7 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 "Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction orders of the U.S. District Court... Read More

DHS Run Amok: Senate Staff Report
Posted on 13 Oct 2020 by Daniel M. Kowalski

Senate Foreign Relations Committee Democratic Staff Report, Oct. 13, 2020 Michelle Hackman, José de Córdoba, Wall Street Journal, Oct. 13, 2020 "U.S. border agents working in Guatemala detained Honduran migrants intending to make... Read More