Immigration Law

Recent Posts

Hon. Jeffrey S. Chase: First Steps
Posted on 21 Jun 2021 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, June 21, 2021 "On June 16, Attorney General Merrick Garland finally, mercifully vacated three decisions that formed a key part of the Trump administration’s unrelenting attack on the law of asylum.1 Matter of A-B- ... Read More

Tags: garland , asylum

CA9 on Changed Circumstances: Kaur v. Garland
Posted on 21 Jun 2021 by Daniel M. Kowalski

Kaur v. Garland "This asylum case is about changed country circumstances, including changes in personal circumstances, which are entirely outside the applicant’s control. Ravinder Kaur, an Indian national, appeals the BIA’s decision... Read More

Tags: asylum

Biden Eyes Ending Trump's Illegal Title 42 Blockade
Posted on 21 Jun 2021 by Daniel M. Kowalski

Stef W. Kight, Axios, June 20, 2021 "The White House is considering ending — as early as July 31 — the use of a Trump-era public health order that's let U.S. border officials quickly turn back migrant families to Mexico, Axios has... Read More

Gupta Memo to OIL re A-B-, L-E-A- Vacatur
Posted on 17 Jun 2021 by Daniel M. Kowalski

Vanita Gupta, Associate Attorney General, June 16, 2021 "The Civil Division's Office of Immigration Litigation is responsible for defending the decisions of the Board of Immigration Appeals when they are challenged in the federal courts of... Read More

Tags: asylum

CA11 on Reconsideration of Asylum: Thamotar v. Atty. Gen.
Posted on 17 Jun 2021 by Daniel M. Kowalski

Thamotar v. Atty. Gen. "Visavakumar Thamotar, a Sri Lankan citizen of Tamil ethnicity, seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s discretionary denial of his application... Read More

Tags: asylum

Matter of A-B- and Matter of L-E-A- Vacated!
Posted on 16 Jun 2021 by Daniel M. Kowalski

Attorney General Decisions The Attorney General has issued a decision in Matter of A-B- , 28 I&N Dec. 307 (A.G. 2021). (1) Matter of A-B- , 27 I&N Dec. 316 (A.G. 2018) (“ A-B- I ”), and Matter of A-B- , 28 I&N Dec. 199 (A.G... Read More

Tags: asylum

Will There Be Justice For Zee?
Posted on 16 Jun 2021 by Daniel M. Kowalski

Randy Evans, June 16, 2021 "Zalmay Niazy, now in his 30s, is not just another of the countless foreign-born people who dream of living, working and raising families in the United States. He is a native of Afghanistan and served our nation during... Read More

CA5 on Cuba, Political Opinion, Evidence: Gutierrez Acosta v. Garland (unpub.)
Posted on 8 Jun 2021 by Daniel M. Kowalski

Gutierrez Acosta v. Garland (unpub.) "Gutierrez Acosta contends that the BIA erred in two respects. First, he challenges the BIA’s decision to give dispositive effect to the IJ’s finding that legitimate, non-political reasons could... Read More

Tags: Cuba , asylum

BIA on Untimely Asylum Filing: Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)
Posted on 7 Jun 2021 by Daniel M. Kowalski

Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021) - The mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged and that does not significantly increase... Read More

Tags: asylum

CA5 Grants Panel Reh. in Cuban Asylum Case: Leal v. Garland (unpub.)
Posted on 3 Jun 2021 by Daniel M. Kowalski

Leal v. Garland, unpub. "The petition for panel rehearing is GRANTED. The opinion, 841 F. App’x 719 (5th Cir. Mar. 29, 2021) , is WITHDRAWN..." Read More

Tags: Cuba , asylum

Alam v. Garland to be Reheard En Banc (Credibility, Asylum, Bangladesh)
Posted on 3 Jun 2021 by Daniel M. Kowalski

Alam v. Garland "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel [2-1, Judge Collins, dissenting... Read More

The End of Asylum?
Posted on 24 May 2021 by Daniel M. Kowalski

You know you have a hit on your hands when Stacey Abrams writes a cover blurb: "Required reading for an understanding of how the Trump administration wrecked the U.S. asylum system and how our humanitarian legacy can be restored." To be honest... Read More

Tags: asylum

Over 8,000 MPP Cases Transferred Into U.S. Under Biden
Posted on 11 May 2021 by Daniel M. Kowalski

TRAC, May 11, 2021 "As of the end of April 2021, a total of 8,387 individuals formerly forced to remain in Mexico under the Migrant Protection Protocols (MPP) have been able to enter the United States since President Biden ended this Trump-era... Read More

DOJ's Contradictory Positions on MS-13 and "Political Opinion"
Posted on 29 Apr 2021 by Daniel M. Kowalski

Jeffrey S. Chase, Apr. 29, 2021 "In a recent blog post , I discussed the difficulty in establishing asylum based on a political opinion expressed against MS-13. In the specific case discussed, the Board of Immigration Appeals reversed the Immigration... Read More

Climate Change and Asylum Law
Posted on 22 Apr 2021 by Daniel M. Kowalski

Jeffrey S. Chase, Apr. 22, 2021 "Today, Earth Day, Harvard Law School, Yale Law School, and the University Network for Human Rights released an important White Paper on the issue of climate displacement and its intersection with U.S. immigration... Read More