Immigration Law

Recent Posts

CA9 on Trump's Asylum Ban: East Bay Sanctuary Covenant v. Trump
Posted on 10 Dec 2018 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Trump - "The district court issued a temporary restraining order, finding it likely that, first, the rule of decision itself was inconsistent with existing United States law providing that aliens may apply for asylum... Read More

CA9 on Asylum, Withholding, CAT, El Salvador, FMLN, Mara Salvatrucha: Quiroz Parada v. Sessions
Posted on 30 Aug 2018 by Daniel M. Kowalski

Quiroz Parada v. Sessions - "Moris Alfredo Quiroz Parada fled his native El Salvador in 1991 at the age of seventeen after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí... Read More

CA9 on China, Asylum, Religious Persecution: Guo v. Sessions
Posted on 31 Jul 2018 by Daniel M. Kowalski

Guo v. Sessions - "Petitioner Zhihui Guo is a Chinese citizen who entered the United States in 2010 on a student visa and stayed beyond its duration. He seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims... Read More

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions
Posted on 1 May 2017 by Daniel M. Kowalski

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution... Read More

En Banc CA9 on 'Social Visibility' - Henriquez-Rivas v. Holder
Posted on 14 Feb 2013 by Daniel M. Kowalski

"Henriquez-Rivas claims she is entitled to asylum because, as a person who testified in a criminal trial against members of a gang who killed her father in El Salvador, she is a member of a particular social group, on account of which she faces a... Read More

Man Shot In Crowd May Qualify For Asylum, 9th Circ. Finds
Posted on 6 May 2015 by Daniel M. Kowalski

"The Board of Immigration Appeals erred by finding a Guatemalan man was ineligible for political asylum because police in his native country did not single him out when they shot into a crowd of protesters and struck him, the Ninth Circuit concluded... Read More

CA9 on India, Changed Conditions: Singh v. Holder
Posted on 22 May 2014 by Daniel M. Kowalski

Majority: "The IJ and the BIA determined that the government showed that there has been a fundamental change in circumstances such that Singh’s life or freedom would not be threatened on account of his race, religion, nationality, membership... Read More

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015)(asylum; Mexico) to be reheard en banc
Posted on 14 Jun 2016 by Daniel M. Kowalski

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015) - Nov. 19, 2015 June 14, 2016 - "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... Read More

CA9 on Guatemala, Social Group: Pirir-Boc v. Holder
Posted on 7 May 2014 by Daniel M. Kowalski

Court staff summary: "The panel granted a petition for review of the Board of Immigration Appeals’ denial of asylum, withholding of removal, and protection under the Convention Against Torture, and remanded for further consideration in light... Read More

CA9 on Persecutor Bar, Asylum: Kumar v. Holder
Posted on 29 Aug 2013 by Daniel M. Kowalski

"Vijay Kumar petitions for review of the denial of his appeal by the Board of Immigration Appeals (the BIA). We hold that the BIA erred in failing to consider the circumstances particular to Kumar’s service as a prison guard in India. We grant... Read More

CA9 on Political Opinion: Singh v. Holder
Posted on 26 Aug 2014 by Daniel M. Kowalski

"Kamalpal Singh, a 51-year-old native and citizen of India, petitions for review from the BIA’s denial of his application for asylum and withholding of removal based on imputed political opinion. Singh entered the United States in 2006 after... Read More

CA9 on Asylum, Russia, Persecution of Homosexuals: Doe v. Holder
Posted on 27 Nov 2013 by Daniel M. Kowalski

"We grant the petition in this matter because we conclude that Doe met his burden of presenting evidence that the Russian government was unable or unwilling to control the nongovernmental actors who persecuted him because he is a homosexual. We also... Read More

CA9 on Political Opinion: Regalado-Escobar v. Holder
Posted on 7 Jun 2013 by Daniel M. Kowalski

"Jorge Alberto Regalado-Escobar petitions for a review of the decision of the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We review questions of law... Read More

CA9 on Social Group: Flores-Rios v. Lynch
Posted on 1 Dec 2015 by Daniel M. Kowalski

Flores-Rios v. Lynch, Dec. 1, 2015 - "Because few groups are more “readily identifiable than the family,” the BIA’s determination that the petitioner had not shown membership in a particular social group “was manifestly contrary... Read More

Ninth Circuit to Hear Salvadoran Woman’s Asylum Appeal En Banc; Judges to Decide Whether Testimony Against Gang Members Qualifies for Protection
Posted on 1 Feb 2012 by Daniel M. Kowalski

Metropolitan News, Feb. 1, 2012 - "The Ninth U.S. Circuit Court of Appeals will decide en banc whether persons who testify against gang members form a protected group for asylum purposes, the court said yesterday. In a brief order , Chief Judge... Read More