Immigration Law

Recent Posts

"Shadow Operation" Deports Kids
Posted on 4 Aug 2020 by Daniel M. Kowalski

Lomi Kriel, ProPublica, Texas Tribune, Aug. 4, 2020 "Thousands of migrant children — including babies — have been expelled by the Trump administration since March. Some have been held in hotels without access to lawyers or family. Advocates... Read More

Tags: CDC , asylum

CA3 on Withholding: Sathanthrasa v. Atty. Gen.
Posted on 30 Jul 2020 by Daniel M. Kowalski

Sathanthrasa v. Atty. Gen. "[T]he immigration regulations provide that when a petitioner is denied asylum but then granted withholding, the denial of asylum “shall be reconsidered,” and the factors the immigration judge (IJ) must consider... Read More

CA3 on Persecution: Blanco v. Atty. Gen.
Posted on 25 Jul 2020 by Daniel M. Kowalski

Blanco v. Atty. Gen. "Ricardo Javier Blanco, a citizen of Honduras, is a member of Honduras’s Liberty and Refoundation (“LIBRE”) Party, an anti-corruption political party that opposes the current Honduran president. After participating... Read More

Asylum Seekers Sue Over New EAD Rules: Casa de Maryland v. Wolf
Posted on 22 Jul 2020 by Daniel M. Kowalski

ASAP, July 21, 2020 "ASAP filed a federal lawsuit to stop the U.S. government from implementing new rules that would limit the ability of asylum seekers to work legally in the United States. ... The complaint can be viewed here ." Read More

Tags: ead , asylum

CA6 on Asylum, Russia, Corruption: Skripkov v. Barr
Posted on 21 Jul 2020 by Daniel M. Kowalski

Skripkov v. Barr "Andrei Skripkov, a citizen of Russia, seeks review of a decision by the Board of Immigration Appeals (BIA) upholding an Immigration Judge’s (IJ’s) denial of his application for asylum and the withholding of removal... Read More

BIA on MPP: Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)
Posted on 14 Jul 2020 by Daniel M. Kowalski

Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020) Under section 235(b)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(C) (2018), an alien who is arriving on land from a contiguous foreign territory may be returned by the Department... Read More

David Isaacson: Proposed Asylum Rule a "Monstrosity"
Posted on 14 Jul 2020 by Daniel M. Kowalski

David Isaacson, July 14, 2020 "The Department of Homeland Security and the Executive Office of Immigration Review (the agency within the Department of Justice that runs the immigration courts) have jointly proposed a new rule entitled “Procedures... Read More

Tags: asylum

Round Table of Former IJs Comment on Proposed Asylum Rule
Posted on 13 Jul 2020 by Daniel M. Kowalski

July 13, 2020 "Comments in Opposition to Proposed Rulemaking: 85 FR 36264 RIN 1125-AA94; 1615-AC42 EOIR Docket No. 18-0002; A.G. Order No. 4714-2020 The Round Table of Former Immigration Judges is composed of 46 former Immigration Judges and... Read More

Tags: asylum

CA2 on One Year Filing Deadline, PSG: Ordonez Azmen v. Barr
Posted on 13 Jul 2020 by Daniel M. Kowalski

Ordonez Azmen v. Barr "Mario Ordonez Azmen petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to remand and dismissing his appeal of the denial of his asylum and statutory withholding claims under the... Read More

Proposed EOIR/USCIS Rule Would Further (!) Gut Asylum, Withholding
Posted on 8 Jul 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 "This proposed rule would amend existing DHS and DOJ (collectively, “the Departments”) regulations to clarify that the Departments may consider emergency public health concerns... Read More

CA9 Upholds Injunction Against Asylum Rule
Posted on 6 Jul 2020 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Barr "On July 16, 2019, the Department of Justice and the Department of Homeland Security published a joint interim final Rule without notice and comment, entitled “Asylum Eligibility and Procedural Modifications”... Read More

Tags: asylum

Jeffrey S. Chase: Justices' Asylum Ruling Further Limits Migrant Protections
Posted on 1 Jul 2020 by Daniel M. Kowalski

Jeffrey S. Chase, June 29, 2020 "In Thuraissigiam v. Barr,[1] the U.S. Supreme Court by a 7-2 margin recently rejected a ruling by U.S. Court of Appeals for the Ninth Circuit that the Immigration and Nationality Act's limits on the scope of... Read More

Court Strikes Down Trump's Second Asylum Ban: CAIR Coalition v. Trump
Posted on 1 Jul 2020 by Daniel M. Kowalski

CAIR Coalition, July 1, 2020 "On Tuesday, Judge Timothy Kelly of the U.S. District Court for the District of Columbia struck down President Trump’s second asylum ban, ending a restrictive policy that had virtually halted asylum at the southern... Read More

Tags: Trump , asylum , border

Expert: Trump "Sure to Use" Supreme Court Ruling to Restrict Asylum
Posted on 25 Jun 2020 by Daniel M. Kowalski

Associated Press, June 25, 2020 "The Supreme Court on Thursday strengthened the Trump administration’s ability to deport people seeking asylum without allowing them to make their case to a federal judge. The high court’s 7-2 ruling... Read More

CA2 on Changed Country Conditions: Tanusantoso v. Barr
Posted on 24 Jun 2020 by Daniel M. Kowalski

Tanusantoso v. Barr "Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) petitioned for review after the Board of Immigration Appeals (BIA) denied their third motion to reopen, in which they alleged a change of country conditions... Read More