Immigration Law

Recent Posts

CA3 on Modified Categorical Approach - Hillocks v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Hillocks v. A.G. "Petitioner Dexter Anthony Hillocks is a lawful permanent resident who was convicted of the Pennsylvania state crime of using a communication facility — i.e., a phone — to facilitate a felony. The question before us... Read More

CA3 (En Banc) on 'Particularly Serious Crime' - Bastardo-Vale v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated... Read More

Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)
Posted on 3 May 2019 by Daniel M. Kowalski

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must... Read More

Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019)
Posted on 12 Apr 2019 by Daniel M. Kowalski

Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019) Under the plain language of section 101(a)(43)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(H) (2012), kidnapping in violation of 18 U.S.C. § 1201(a) (2012) is not an... Read More

New Utah Law Protects Immigrants
Posted on 10 Apr 2019 by Daniel M. Kowalski

ACLU, Apr. 9, 2019 "Utah is known for its red rock canyons, steep ski slopes, and a mega-majority Republican legislature. And now it can be recognized as one of just a handful of states to pass legislation that helps noncitizens avoid deportation... Read More

CA9 on Categorical Approach: Atenia Lorenzo II
Posted on 18 Jan 2019 by Daniel M. Kowalski

Atenio Lorenzo II "The opinion filed August 29, 2018, and reported at 902 F.3d 930 , is WITHDRAWN. A substitute memorandum disposition is filed concurrently with this order. The government’s petition for panel rehearing, filed November 14... Read More

BIA on Aggravated Felony, Obstruction of Justice: Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018)
Posted on 12 Sep 2018 by Daniel M. Kowalski

Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) (1) An “offense relating to obstruction of justice” under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), encompasses offenses... 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

CA3 on Materiality, AggFel - Wang v. Attorney General
Posted on 1 Aug 2018 by Daniel M. Kowalski

Wang v. Attorney General - "Wang pleaded guilty to violating the Commodity Exchange Act (CEA) by Making a False Report in Connection with a Commodities Transaction in violation of 7 U.S.C. § 6b(a)(1)(B) and § 13(a)(2). ... Wang challenges... Read More

CA3 on Aggravated Felony, Materiality: Wang v. Atty. Gen.
Posted on 1 Aug 2018 by Daniel M. Kowalski

Wang v. Atty. Gen. - "Wang pleaded guilty to violating the Commodity Exchange Act (CEA) by Making a False Report in Connection with a Commodities Transaction in violation of 7 U.S.C. § 6b(a)(1)(B) and § 13(a)(2). ... Wang challenges both... 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

CA7 on Aggravated Felony: Rodriguez-Contreras v. Sessions
Posted on 13 Oct 2017 by Daniel M. Kowalski

Rodriguez-Contreras v. Sessions, Oct. 12, 2017 - "How the substantive elements of 720 ILCS 5/24–1.1(a) mesh with those of §922(g)(1) has never been resolved by this court. Now is the time. ... [T]he state statute is indeed broader than... Read More

Cert. Granted in Esquivel-Quintana
Posted on 30 Oct 2016 by Daniel M. Kowalski

Michael Carlin writes: "The Supreme Court granted cert in Esquivel-Quintana v. Lynch . I have been representing Mr. Esquivel-Quintana before the BIA and before the Sixth Circuit . Before the Supreme Court, I am working with Jeffrey Fisher (counsel... Read More

Immigrants face deportation for filing false tax return
Posted on 26 Feb 2012 by Daniel M. Kowalski

"Akio and Fukado Kawashima came to Southern California in 1984 as lawful Japanese immigrants determined to succeed in business. They operated popular sushi restaurants in Thousand Oaks and Tarzana and recently opened a new eatery in Encino... Read More

Smart Lawyering Moves Marine Veteran from Potential Deportee to U.S. Citizen Column
Posted on 27 Apr 2014 by Daniel M. Kowalski

"A young man who grew up in Lake County [Cal.] and faced a deportation battle last year celebrated becoming a United States citizen on Friday. Carlos Solorzano took the oath of citizenship in US District Court in Anchorage, Alaska. Solorzano's... Read More