Immigration Law

Recent Posts

A Victim of Terrorism Faces Deportation for Helping Terrorists
Posted on 14 Jun 2019 by Daniel M. Kowalski

Jenna Krajeski, The New Yorker, June 12, 2019 "[I]n June, 2018, the Board of Immigration Appeals, which reviews rulings made in immigration court, issued a two-to-one decision denying Ana’s most recent request to stay in the U.S. The judges... Read More

New USCIS memo denies access to non-adversarial affirmative asylum procedures for many vulnerable children - CLINIC Legal
Posted on 13 Jun 2019 by Daniel M. Kowalski

CLINIC Legal, June 13, 2019 "Consistent with the Trump administration’s ongoing efforts to roll back protections that Congress established for vulnerable children through the William Wilberforce Trafficking Victims Protection Reauthorization... Read More

Tags: Children , USCIS , asylum

Is USCIS Hiding Asylum Training Materials?
Posted on 12 Jun 2019 by Daniel M. Kowalski

Francie Diep, Pacific Standard, June 7, 2019 "It used to be that, to help refugees prepare to meet with a government officer who will decide whether they qualify for asylum, immigration lawyers would look up the documents that the government used... Read More

Tags: training , USCIS , asylum

Jeffrey S. Chase: The BIA and Selective Dismissal
Posted on 7 Jun 2019 by Daniel M. Kowalski

Jeffrey S. Chase, June 7, 2019 "On May 31, the BIA published a precedent decision in Matters of Andrade Jaso and Carbajal Ayala . In that decision, Board Member Garry Malphrus (writing for a panel that included Hugh Mullane and Ellen Liebowitz... Read More

USCIS Asylum Memo: Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children (May 31, 2019)
Posted on 5 Jun 2019 by Daniel M. Kowalski

USCIS Asylum Division, May 31, 2019 "This memorandum provides updated procedures to U.S. Citizenship and Immigration Services (USCIS) asylum offices on asylum applications filed by unaccompanied alien children ("UACs", or "UAC"... Read More

Tags: USCIS , asylum

Matter of Jaso, Matter of Ayala, 27 I&N Dec. 557 (BIA 2019)
Posted on 2 Jun 2019 by Daniel M. Kowalski

Matter of Jaso, Matter of Ayala, 27 I&N Dec. 557 (BIA 2019) An Immigration Judge has the authority to dismiss removal proceedings pursuant to 8 C.F.R. § 239.2(a)(7) (2018) upon a finding that it is an abuse of the asylum process to file a meritless... Read More

Tags: asylum

Statement of ABA President Bob Carlson, Re: Improper Detention of Immigrant Children
Posted on 2 Jun 2019 by Daniel M. Kowalski

ABA, May 31, 2019 "The American Bar Association is deeply disturbed by reports that hundreds of unaccompanied children seeking refuge in the United States are being held by the U.S. Border Patrol in violation of the law and federal policies. ... Read More

ACLU of La. and SPLC Sue Trump Administration for Illegally Denying Parole to Asylum Seekers
Posted on 31 May 2019 by Daniel M. Kowalski

ACLU, May 30, 2019 "The SPLC and the American Civil Liberties Union of Louisiana filed suit today against the Trump administration for categorically denying release to hundreds of people who are languishing in immigration prisons after lawfully... Read More

Matter of M-S- and the Continuing Battle Over ‘Zero Tolerance’
Posted on 30 May 2019 by Daniel M. Kowalski

Andrew Patterson, May 29, 2019 "Asylum seekers who have passed their credible fear interviews—those whom immigration officers find have viable asylum claims—may no longer have access to an important protection against prolonged imprisonment... Read More

CA4 on Asylum, El Salvador, Evidence: Orellana v. Barr
Posted on 23 May 2019 by Daniel M. Kowalski

Orellana v. Barr "Ruth Jeanette Orellana, a native and citizen of El Salvador, petitions for review of the final order of the Board of Immigration Appeals (“BIA”) denying her all relief from deportation. The BIA upheld the finding of... Read More

The Facts Behind the Guatemalan Exodus
Posted on 13 May 2019 by Daniel M. Kowalski

Roger Cohen, New York Times, May 10, 2019 "... Pablo told me about the hunger and fear on the weeklong road to the border. Meager rice and beans offered once a day. Being herded this way and that by coyotes — the smugglers he’d paid... Read More

Pres. Proc. 9880 on Migration, Southern Border (May 8, 2019)
Posted on 13 May 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 92 / Monday, May 13, 2019 "... I have determined to extend the suspension and limitation, as set forth below, on entry into the United States through the southern border established by Proclamation 9822 and extended... Read More

The Ninth Circuit, Asylum and 'Return to Mexico' - What Next?
Posted on 8 May 2019 by Daniel M. Kowalski

On May 7, 2019 a motions panel of the Ninth Circuit granted a stay pending appeal of the preliminary injunction that had blocked the 'return to Mexico' policy under the new DHS Migrant Protection Protocols for southern border asylum claimants... Read More

Asylum Officers Mere Pawns in Trump's Deadly Border Game - Vox Exclusive
Posted on 3 May 2019 by Daniel M. Kowalski

Dara Lind, Vox, May 2, 2019 "The first time that one immigration officer interviewed an asylum seeker under new Trump administration protocols, the officer went back to their hotel room, turned up the shower as hot as it would go, and tried to... Read More

Presidential Memo on Asylum (Apr. 29, 2019)
Posted on 30 Apr 2019 by Daniel M. Kowalski

White House, Apr. 29, 2019 "Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System April 29, 2019 MEMORANDUM FOR THE ATTORNEY GENERAL THE SECRETARY OF HOMELAND SECURITY SUBJECT... Read More