Immigration Law

Recent Posts

David Isaacson on Jaen v. Sessions: The Second Circuit Reminds Us That Government Manuals Aren’t Always Right
Posted on 22 Aug 2018 by Daniel M. Kowalski

David Isaacson, Aug. 21, 2018 - "For many years, the policy guidance of the Department of State (DOS) and U.S. Citizenship and Immigration S ervices (USCIS) has required that a child show a biological relationship with a U.S. citizen parent in order... Read More

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

CA2 on Egregious 4th Am. Violation: Zuniga-Perez v. Sessions
Posted on 25 Jul 2018 by Daniel M. Kowalski

Zuniga-Perez v. Sessions - "Petitioners Juan Martin Zuniga‐Perez and Elder Hernandez‐Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the ʺBIAʺ) affirming a February 24, 2016, decision of an immigration judge... Read More

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

CA2 on Categorical Approach, CAT - Doe v. Sessions
Posted on 29 Mar 2018 by Daniel M. Kowalski

Doe v. Sessions, Mar. 29, 2018 - "Petitioner John Doe seeks review of an April 13, 2016 judgment of the Bureau of Immigration Appeals dismissing his appeal from an October 22, 2015 decision of an Immigration Judge ordering Doe’s removal and... Read More

CA2 on Retroactivity: Obeya v. Sessions
Posted on 9 Mar 2018 by Daniel M. Kowalski

Obeya v. Sessions, Mar. 8, 2018 - "Clement Obeya, a lawful permanent resident of the United States, was convicted of petit larceny under New York law. The government sought to remove Obeya for his conviction, treating it as a “crime involving... Read More

CA2 on Credibility: Gao v. Sessions, Shao v. Sessions
Posted on 2 Jun 2018 by Daniel M. Kowalski

Gao v. Sessions, Shao v. Sessions, May 25, 2018 - "These petitions for review heard in tandem challenge two decisions of the Board of Immigration Appeals (the ʺBIAʺ), affirming decisions by two Immigration Judges (ʺIJsʺ), denying asylum, withholding... Read More

Child Status Protection Act for Over-21 Derivatives: Implementing De Osorio v. Mayorkas
Posted on 4 Feb 2013 by LexisNexis Immigration Law Community Staff

By David Froman Holding a key provision of the CSPA unambiguous, the Ninth Circuit, en banc , approved the two-petition approach for aged-out derivative beneficiaries of family preference petitions. "Vertical" conversion offers a viable alternative... Read More

CA2 on Duty of Court to Warn of Immigration Consequences: U.S. v. Gonzales
Posted on 13 Mar 2018 by Daniel M. Kowalski

U.S. v. Gonzales - "Defendant‐Appellant Winifredo Gonzales appeals from a judgment of conviction in the United States District Court for the Western District of New York (Geraci, C.J.), arguing that his guilty plea was not knowingly entered. During... Read More

CA2 on Social Group, Albania: Paloka v. Holder
Posted on 7 Aug 2014 by Daniel M. Kowalski

"The primary issue on this appeal is whether “young Albanian women” or “young Albanian women between the ages of 15 and 25" qualify as a “particular social group” for asylum purposes. 8 U.S.C. § 1101(a)(42... Read More

CA2 on CIMT: Lugo v. Holder
Posted on 9 Apr 2015 by Daniel M. Kowalski

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction... Read More

CA2 on Social Group, Cooperating Witnesses: Gashi v. Holder
Posted on 19 Dec 2012 by Daniel M. Kowalski

"Azem Gashi, a citizen of Serbia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the oral decision of Immigration Judge (“IJ”) Alan A. Vomacka, which denied Gashi’s application... Read More

CA2 on Opposition to Corruption in China as Political Opinion: Yu v. Holder
Posted on 7 Sep 2012 by Daniel M. Kowalski

"Ruqiang Yu petitions for review of a decision of the Board of Immigration Appeals that affirmed the Immigration Judge’s decision denying Yu’s application for asylum, withholding of removal, and relief under the Convention Against Torture... Read More

CA2 on False Claim, 'Purpose or Benefit' - Richmond v. Holder (UPDATED)
Posted on 30 Apr 2013 by Daniel M. Kowalski

"Petitioner Keon Richmond, a native and citizen of Trinidad and Tobago, remained in the United States beyond the term of the tourist visa which allowed his initial entry here in May 2001. When removal proceedings were brought against him, Richmond... Read More

CA2 on Evidence, Persecution: Huang v. Holder (Unpub.)
Posted on 4 Aug 2013 by Daniel M. Kowalski

"The agency’s finding that Huang did not meet his burden of proof because he failed to submit corroborating evidence is not supported by substantial evidence. Although the agency identified what evidence should have been obtained and why such... Read More