Immigration Law

Recent Posts

Unpub. BIA Remand: Honduras, Political Opinion; Equality for Women
Posted on 22 Aug 2019 by Daniel M. Kowalski

Prof. Geoffrey Hoffman , Director, UHLC Immigration Clinic, writes: "I wanted to share a decision granting a remand from the BIA in a Matter of A-B- type case from my friends and colleagues at The Modi Law Firm!!! Great job. The decision... Read More

CA11 on Nexus: Perez-Sanchez v. Barr
Posted on 22 Aug 2019 by Daniel M. Kowalski

Perez-Sanchez v. Barr "We do not ... accept the agency’s analysis of Mr. Perez-Sanchez’s asylum and withholding claims. The Board of Immigration Appeals (“BIA”) affirmed the IJ’s denial of both claims, saying that... Read More

CA9 Upholds Stay of Asylum Rule...in CA9 Only
Posted on 16 Aug 2019 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Barr "Appellants seek a stay pending appeal of the district court’s July 24, 2019 order preliminarily enjoining the Department of Justice and Department of Homeland Security’s joint interim final rule... Read More

Detained Children Must Have Adequate Food, Hygiene Items: Court
Posted on 16 Aug 2019 by Daniel M. Kowalski

Maura Dolan, Los Angeles Times, Aug. 15, 2019 "In a case that dramatized the plight of children detained at the border, a federal appeals court Thursday upheld an order requiring immigration authorities to provide minors with adequate food, water... Read More

Coalition of State AGs Oppose Trump Asylum Rule: Letter
Posted on 16 Aug 2019 by Daniel M. Kowalski

California Attorney General Xavier Becerra, Aug. 15, 2019 "California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey today led a multistate coalition in filing a comment letter opposing the Trump Administration’s... 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

Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase
Posted on 12 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers... Read More

Boston Immigration Judge Grants Asylum; PSG = "Guatemalan Women"
Posted on 8 Aug 2019 by Daniel M. Kowalski

Boston Immigration Judge Paul M. Gagnon granted asylum in a DV-based case, recognizing "Guatemalan women" as a particular social group. ICE reserved, but did not appeal, so the decision is final . The IJ addressed Matter of A-B- in several places... Read More

Why I Resigned as an Immigration Judge
Posted on 5 Aug 2019 by Daniel M. Kowalski

Ilyce Shugall, Aug. 4, 2019 "I have been an immigration lawyer dedicated to fairness and due process for immigrants my entire career. In 2015, convinced that my 18 years of experience as an advocate would make me a good immigration judge, I applied... Read More

Court Strikes Down Trump Administration Policy Barring Refugees From Asylum
Posted on 2 Aug 2019 by Daniel M. Kowalski

NIJC, Aug. 2, 2019 "The federal District Court for the District of Columbia today ruled in O.A. v. Trump that the Trump Administration cannot bar refugees from asylum for crossing between ports of entry. The suit was brought by the Capital Area... Read More

CA8 on Credibility: Tian v. Barr
Posted on 31 Jul 2019 by Daniel M. Kowalski

Tian v. Barr "The reasoning behind the IJ’s [adverse] credibility finding here is simply not cogent. ... The IJ used misguided questions and demonstrated little understanding of Chinese culture. ... Equally disturbing is the IJ’s lack... Read More

Access to Attorneys Difficult for Those Required to Remain In Mexico
Posted on 31 Jul 2019 by Daniel M. Kowalski

TRAC, July 29, 2019 "Since this administration announced the Migration Protection Protocols (MPP) on January 24, 2019 , more commonly referred to as "Remain in Mexico," the number of individuals and families diverted to this program has... Read More

Cuccinelli's 'Asylum and Internal Relocation Guidance' Sure to Spawn Litigation
Posted on 31 Jul 2019 by Daniel M. Kowalski

On July 26, 2019 USCIS Acting Director Ken Cuccinelli posted this guidance : "A message sent by the acting director to USCIS asylum officers regarding asylum and internal relocation guidance. Release Date: July 26, 2019 The crisis... Read More

Questions Surround Secretive US-Guatemala Agreement
Posted on 31 Jul 2019 by Daniel M. Kowalski

Susan Gzesh, July 30, 2019 "Less than two weeks after Guatemalan President Jimmy Morales abruptly cancelled a White House visit, President Donald Trump bullied his way to securing what the Trump administration is calling a “Safe Third Country”... Read More

Asylum 'Metering' Lawsuit Moves Forward
Posted on 31 Jul 2019 by Daniel M. Kowalski

CCR, July 30, 2019 "A federal district court has rejected the government’s second attempt to dismiss a lawsuit challenging the Trump administration's unlawful turnbacks of asylum seekers who present themselves at ports of entry along... Read More