Immigration Law

Recent Posts

BIA Amicus Invitation: Texas Burglary; Crime of Violence; Due Date May 3, 2022
Posted on 12 Apr 2022 by Daniel M. Kowalski

EOIR, Apr. 12, 2022 "ISSUES PRESENTED: 1. Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft... Read More

BIA Amicus Invitation: Vacatur of a Criminal Conviction (Due Date Apr. 6, 2022)
Posted on 16 Mar 2022 by Daniel M. Kowalski

BIA, Mar. 16, 2022 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: What factors should the Board weigh when considering an untimely motion to... Read More

Tags: amicus brief , bia

BIA CIMT Amicus Invitation (Due Date: Dec. 8, 2021)
Posted on 18 Nov 2021 by Daniel M. Kowalski

Amicus Invitation No. 21-17-11 "ISSUE PRESENTED: In Hernandez v. Whitaker, 914 F.3d 430 (6th Cir. 2019), the United States Court of Appeals for the Sixth Circuit concluded that section 750.82 of the Michigan Compiled Laws is not divisible and that... Read More

Tags: amicus brief , bia , cimt

BIA Amicus Invitation: Aggravated Felony (Due Nov. 30, 2021)
Posted on 9 Nov 2021 by Daniel M. Kowalski

Amicus Invitation No. 21-09-11 "ISSUE PRESENTED: Whether all aggravated felonies under section 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43), per se come within the ambit of a particularly serious crime, such that... Read More

BIA Amicus Brief Deadline Extended
Posted on 29 Oct 2021 by Daniel M. Kowalski

EOIR, Oct. 29, 2021 "Amicus Invitation No. 21-30-09 AMICUS INVITATION (Record of Conviction) Due October 21, 2021 (Amended) Deadline extended, Due November 19, 2021 November 19, 2021 The Board of Immigration Appeals welcomes interested members... Read More

Tags: amicus brief , bia

BIA Amicus Brief Invitation - Modified Categorical Approach, Pereida, Evidence
Posted on 30 Sep 2021 by Daniel M. Kowalski

BIA, Sept. 30, 2021 "Amicus Invitation No. 21-30-09 AMICUS INVITATION, Due Date: October 21, 2021 September 30, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below... Read More

BIA Seeks Amicus Briefs on NTAs After Niz-Chavez (Due Aug. 10, 2021)
Posted on 20 Jul 2021 by Daniel M. Kowalski

BIA, July 20, 2021 "Amicus Invitation No. 21-20-07 AMICUS INVITATION (Notice to Appear), Due Date: August 10, 2021 July 20, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

Tech Giants Throw Support Behind H-4 EAD Rule
Posted on 17 May 2021 by Daniel M. Kowalski

Chris Mills Rodrigo, The Hill, May 14, 2021 "A group of nearly 30 tech companies and other organizations filed a legal brief Friday to defend a program that gives work authorization to the spouses of high-skilled immigrants. The Obama-era rule... Read More

BIA Seeks Amicus Briefs on Divisibility of Iowa Theft Statute
Posted on 16 Mar 2021 by Daniel M. Kowalski

BIA, Mar. 15, 2021 "Amicus Invitation No. 21-15-03 AMICUS INVITATION (Divisibility of Iowa’s Theft Statute) Due Date: April 14, 2021 March 15, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus... Read More

Matter of A-M-R-C- Amicus Brief from "Round Table"
Posted on 4 Oct 2020 by Daniel M. Kowalski

From the "Round Table" of 29 Former IJs and BIA Members, and Arent Fox. Note the important jurisdictional issue. Follow this developing story! Read More

BIA Amicus Invitation...and New Rules (Due Date: Oct. 5, 2020)
Posted on 4 Sep 2020 by Daniel M. Kowalski

BIA, Sept. 4, 2020 "Amicus Invitation No. 20-04-09 AMICUS INVITATION (Alien Notice), Due Date: October 5, 2020 September 4, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

Tags: amicus brief , bia , mpp

Barr Refers Matter of A-M-R-C- to Himself: Amicus Brief Invitation
Posted on 17 Jun 2020 by Daniel M. Kowalski

Matter of A-M-R-C-, 28 I&N Dec. 7 (A.G. 2020) Interim Decision #3986 Matter of A-M-R-C-, Respondent Decided by Attorney General June 17, 2020 U.S. Department of Justice Office of the Attorney General BEFORE THE ATTORNEY GENERAL Pursuant... Read More

Two New BIA Amicus Brief Invitations
Posted on 14 Nov 2019 by Daniel M. Kowalski

1. Amicus Invitation No. 19-11-5 AMICUS INVITATION (Hearing Notice), Due Date: December 5, 2019 November 5, 2019 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:... Read More

Tags: amicus brief , bia

Law Profs File Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
Posted on 16 Nov 2018 by Daniel M. Kowalski

Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018) "In response to the question posed by the Attorney General in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018), amici respectfully submit this brief asserting that the Attorney General... Read More

Fifteen States & D.C. File Amicus Brief Against Trump Refugee/Travel Ban
Posted on 19 Feb 2017 by Daniel M. Kowalski

Press Release Darweesh v. Trump, Feb. 16, 2017, UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF NEW YORK, Case 1:17-cv-00480-CBA, Document 128 Read More