Immigration Law

Recent Posts

Barr Certifies 'Judicial Alteration' Cases to Himself
Posted on 29 May 2019 by Daniel M. Kowalski

Matter of Thomas & Thompson, 27 I&N Dec. 556 (A.G. 2019) Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer these cases to me for review of its decisions. The Board’s decisions... Read More

BIA Amicus Briefing Deadlines Extended for Matter of Castillo-Perez, Matter of L-E-A-
Posted on 12 Feb 2019 by Daniel M. Kowalski

DOJ, Jan. 29, 2019, Matter of Castillo-Perez - "Interested amici may submit briefs not exceeding 9,000 words on or before February 25, 2019. The parties may submit reply briefs not exceeding 6,000 words on or before February 25, 2019." DOJ... Read More

BIA Amicus Brief Invitation re Validity of Conviction for Immigration Purposes (due July 27, 2018)
Posted on 28 Jun 2018 by Daniel M. Kowalski

BIA, June 27, 2018 - "Amicus Invitation No. 18-06-27 (Amended) AMICUS INVITATION (VALIDITY OF A CONVICTION FOR IMMIGRATION PURPOSES), DUE JULY 27, 2018 JUNE 27, 2018 The Board of Immigration Appeals welcomes interested members of the public... Read More

Tags: amicus , 1203 , punu , bia , conviction , roldan

Amicus Brief Filed in 10th Cir. Petition for Remotely-Detained Asylum Seeker
Posted on 23 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 22, 2018 - "An amicus brief was filed yesterday by attorneys at the law firm of Sidley Austin on behalf of an asylum seeker from the Democratic Republic of Congo in the case of Matumona v. Sessions . Fleeing for his life and... Read More

14 Former IJs and BIA Members File Amicus Brief with AG - Jeffrey S. Chase
Posted on 5 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 4, 2018 - "On February 16, the law firm of Akin Gump Strauss Hauer & Feld LLP filed an amicus curiae (i.e. “friend of the court”) brief on behalf of 14 former immigration judges and BIA board members with Attorney... Read More

Jeffrey S. Chase - Amicus Brief Filed in C.J.L.G. v. Sessions
Posted on 21 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 21, 2018 - "On March 15, lawyers with the firm of Simpson, Thacher & Bartlett filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 11 former immigration judges and BIA Board members in... Read More

BIA Amicus Invitation - Removability and Aggravated Felony Definitions (Due Mar. 16, 2018)
Posted on 19 Feb 2018 by Daniel M. Kowalski

Amicus Invitation No. 18-02-14 AMICUS INVITATION (REMOVABILITY & AGGRAVATED FELONY DEFINITIONS), DUE March 16, 2018 FEBRUARY 14, 2018 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs... Read More

Tags: amicus , bia

Groups File Amicus Brief in Matter of Castro-Tum
Posted on 26 Mar 2018 by Daniel M. Kowalski

AILA, the Tahirih Justice Center, the Center for Gender and Refugee Studies, Asista Immigration Assistance and the Asian-Pacific Institute on Gender-Based Violence filed this amicus brief in response to Matter of Castro-Tum, 27 I&N Dec. 187 (A.G.... Read More

Matter of Castro-Tum (Administrative Closure) BIA Amicus Briefs
Posted on 19 Feb 2018 by Daniel M. Kowalski

1. Here's the "Gang of 14" brief from former IJs and retired BIA Board members, about which Paul W. Schmidt writes: "Thanks again to all my retired colleagues. What a great opportunity to “reunite online” in support of a... Read More

The BIA's Withdrawn Amicus Invitation - Jeffrey S. Chase
Posted on 16 Nov 2017 by Daniel M. Kowalski

Jeffrey S. Chase, Nov. 16, 2017 - "The BIA recently withdrew as moot its invitation for amicus briefs on the following issue: whether an applicant who filed a late application for asylum based on two separate grounds (i.e. religion and coercive population... Read More

Tags: amicus , bia , Chase , asylum

BIA Amicus Invitation - Conviction for Possession of Controlled Substance, Florida (Due Mar. 29, 2018)
Posted on 27 Feb 2018 by Daniel M. Kowalski

BIA, Feb. 27, 2018 - "Amicus Invitation No. 18-02-27 AMICUS INVITATION (CONVICTION FOR POSESSION OF A CONTROLLED SUBSTANCE IN FLORIDA), DUE March 29, 2018 FEBRUARY 27, 2018 The Board of Immigration Appeals welcomes interested members of... Read More

New Developments in Matter of A-B, 27 I&N Dec. 247 (A.G. 2018)
Posted on 30 Mar 2018 by Daniel M. Kowalski

A.G., Mar. 30, 2018 - The Attorney General denied the request of the Department of Homeland Security that the Attorney General suspend the briefing schedules and clarify the question presented, and he granted, in part, both parties’ request for... Read More

Tags: amicus , bia , sessions , a-b-

EOIR Amicus Invitation: Exception to One-Year Asylum Bar (Due Nov. 16, 2017)
Posted on 18 Oct 2017 by Daniel M. Kowalski

EOIR, Oct. 17 2017 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: Whether respondents who file an asylum application based on religion and coercive population... Read More

Tags: amicus , eoir , one year , asylum

Amicus Brief Filed in W-Y-C- & H-O-B- Appeal
Posted on 28 May 2018 by Daniel M. Kowalski

Jeffrey S. Chase, May 28, 2018 - "On May 23, an amicus brief was filed in the U.S. Court of Appeals for the Fifth Circuit on behalf of a group of 13 former immigration judges (including myself) and BIA members in the appeal of the BIA’s precedent... Read More

Amicus Brief Filed in CA6 Iraqi Habeas Litigation - Hamama v. Homan
Posted on 19 Feb 2018 by Daniel M. Kowalski

Paul W. Schmidt (Immigration Judge, 2003 - 2016, BIA Board Member and Board Chairman, 1995-2003; acting General Counsel of legacy INS, 1979 -1981 and again from 1986 to 1987, and Deputy General Counsel of INS from 1978 to 1987) posted a link to this CA6... Read More

Tags: amicus , hamama , Iraqis , habeas , ca6