Immigration Law

Recent Posts

CA5 on Notice, Abuse of Discretion: Torres Hernandez v. Lynch
Posted on 10 Jun 2016 by Daniel M. Kowalski

Torres Hernandez v. Lynch, June 8, 2016 - "Petitioner Torres Hernandez was ordered removed in abstentia on January 13, 2010. He filed a motion to reopen on the basis that he was unaware that a notice to appear had been issued years earlier and he... Read More

CA1 on BIA's abuse of discretion: Aponte v. Holder (Aponte II)
Posted on 27 Jun 2012 by Daniel M. Kowalski

"Here the BIA simply stated that Aponte's submissions did not demonstrate prima facie eligibility. It made no findings, relied on no case law, and engaged in no analysis. Moreover, it offered up no rationale for the decision it reached (e.g.... Read More

Tenth Circuit on Nepal, political opinion, abuse of discretion
Posted on 18 Oct 2011 by Daniel M. Kowalski

"Although the abuse-of-discretion standard is rigorous, our review convinces us that the BIA abused its discretion when it affirmed that the Maoists’ demands for money from KC did not constitute past persecution based on her political opinion... Read More

APA E-2 Treaty Investor Remand Victory: All Bright Sanitation v. USCIS
Posted on 16 Sep 2012 by Daniel M. Kowalski

"In this case, All Bright seeks a determination under the Administrative Procedure Act ("APA"), 5 U.S.C. §706 et seq., that the Government improperly denied its petition for a foreign national to receive United States Non-Immigrant... Read More

Third Circuit on credibility, abuse of discretion, due process: Abulashvili
Posted on 15 Nov 2011 by Daniel M. Kowalski

"Petitioners Vasil Abulashvili and Teona Klibadze seek review of an order of the Board of Immigration Appeals dismissing their application for withholding of removal and protection under the Convention Against Torture (“CAT”) and an order... Read More

CA10 on Motion to Reopen, Evidence, China, Persecution: Qiu v. Sessions
Posted on 11 Sep 2017 by Daniel M. Kowalski

Qiu v. Sessions, Sept. 11, 2017 - "Petitioner Liying Qiu, a native and citizen of the People’s Republic of China, sought asylum and withholding of removal based on her status as a Christian who does not agree with China’s state-sanctioned... Read More