Immigration Law

Recent Posts

CA5 on Due Process, Credibility: Nkenglefac v. Garland
Posted on 18 May 2022 by Daniel M. Kowalski

Nkenglefac v. Garland "Petitioner Giscard Nkenglefac, a native and citizen of Cameroon, applied for admission into the United States on May 9, 2018. The immigration judge (“IJ”), Agnelis Reese, denied Nkenglefac’s application... Read More

CA9 on Credibility, Frivolousness: Udo v. Garland
Posted on 5 May 2022 by Daniel M. Kowalski

Udo v. Garland "Peter Donatus Udo is a citizen of Nigeria who applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) in the United States on the grounds that he feared violence in Nigeria... Read More

CA10 Corrects Massive BIA Failure: Villegas-Castro v. Garland
Posted on 2 Dec 2021 by Daniel M. Kowalski

Villegas-Castro v. Garland "We conclude that the Board erred in three ways. First, the Board erred in overturning the grant of asylum. The Board decided that Mr. Villegas-Castro had not filed a new application. But if he hadn’t filed a new... Read More

Rare CA5 Stay Grant: Singh v. Garland
Posted on 13 Jul 2021 by Daniel M. Kowalski

Singh v. Garland "Daljinder Singh applied for asylum and protection under the Convention Against Torture, claiming that he feared persecution in India based on his membership in the Akali Dal Amritsar (“Mann Party”), a Sikh-dominated... Read More

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

CA1 on Credibility, Evidence: Cuesta-Rojas v. Garland
Posted on 16 Mar 2021 by Daniel M. Kowalski

Cuesta-Rojas v. Garland "Darwin Aliesky Cuesta Rojas ("Cuesta Rojas"), a native and citizen of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum... Read More

Supreme Oral Argument on Asylum, Credibility (Feb. 23, 2021)
Posted on 23 Feb 2021 by Daniel M. Kowalski

Feb. 23, 2021 - Consolidated oral argument in Wilkinson v. Alcaraz-Enriquez and Wilkinson v. Dai I will post a link to the transcript later, but here is a link to the audio . An overview is here , and the case pages are here and here . Read More

Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
Posted on 12 Jun 2020 by Daniel M. Kowalski

Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020) - To prevail on a motion to reopen alleging changed country conditions where the persecution claim was previously denied based on an adverse credibility finding in the underlying proceedings, the respondent... Read More

CA9 on Credibility: Qiu v. Barr
Posted on 11 Dec 2019 by Daniel M. Kowalski

Qiu v. Barr "Petitioner Lizhi Qiu, a native and citizen of China, applied for asylum. She alleged that Chinese government officials subjected her to a forced abortion. An immigration judge (“IJ”) denied relief on the ground that Petitioner’s... 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

CA1 on Asylum, Adverse Credibility: Gurung v. Barr
Posted on 9 Jul 2019 by Daniel M. Kowalski

Gurung v. Barr "When the agency has denied asylum and related relief on credibility grounds, we can (and we will) affirm only if (a) the agency offered a clearly independent and sufficient ground for its ruling, one that is not affected by any... Read More

How Do USCIS Asylum Officers Assess Credibility?
Posted on 10 Oct 2017 by Daniel M. Kowalski

Thanks to a FOIA request by David Cleveland , Senior Volunteer Attorney at Catholic Charities DC, you can read the 2016 credibility training module for USCIS Asylum Officers. Thank you, David! Read More

CA9 on REAL ID, Credibility: Dai v. Sessions
Posted on 9 Mar 2018 by Daniel M. Kowalski

Dai v. Sessions, Mar. 8, 2018 - "Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The... Read More

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)
Posted on 10 Aug 2016 by Daniel M. Kowalski

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility... Read More

BIA on Asylum, Credibility, Time Bar: Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)
Posted on 21 Aug 2015 by Daniel M. Kowalski

Official Headnotes : (1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application... Read More