Immigration Law

Recent Posts

CA7 on Credibility: Yuan v. Lynch
Posted on 30 Jun 2016 by Daniel M. Kowalski

Yuan v. Lynch, June 28, 2016 - "We conclude that the purported inconsistencies regarding Yuan’s injuries and time in the hospital, his method of transportation to the hospital, and whether or not government officials questioned him at his workplace... Read More

CA2 on Derivative Citizenship; Overrules ID 3621: Nwozuzu v. Holder
Posted on 12 Aug 2013 by Daniel M. Kowalski

"The question presented is whether Nwozuzu's failure to become a lawful permanent resident before turning eighteen years old bars him from claiming derivative citizenship from his parents. We hold it does not. ... Nwozuzu applied for citizenship... Read More

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder
Posted on 9 May 2013 by Daniel M. Kowalski

"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice... Read More

Unpub. BIA Asylum Victory; China; Breach of Confidentiality
Posted on 1 Mar 2013 by Daniel M. Kowalski

"The respondent's motion alleges that a United States official advised her that in obtaining the respondent's travel documents, for the purpose of removal, he communicated by email with the Chinese Consulate in such a way as to breach the... Read More

CA2 on Motion to Reopen, New Evidence: Chen v. Holder (Unpub.)
Posted on 1 May 2013 by Daniel M. Kowalski

"We remand to the BIA to reopen the proceedings to give full consideration to Chen's evidence and determine whether he has presented sufficient evidence to support an objectively reasonable fear of future persecution." - Chen v. Holder,... Read More

CA2 on CIMT: Lugo v. Holder
Posted on 9 Apr 2015 by Daniel M. Kowalski

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction... Read More

CA2 on Evidence, Credibility: Ahmed v. Lynch
Posted on 21 Oct 2015 by Daniel M. Kowalski

"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s... Read More

H-1B Remand Victory: Next Generation Technology v. Johnson
Posted on 3 Oct 2017 by Daniel M. Kowalski

Next Generation Technology v. Johnson, Sept. 29, 2017 - "In this action, which is before this Court on consent pursuant to 28 U.S.C. 636(c), plaintiffs Next Generation Technology, Inc. (“NGT”) and Puspita Deo (“Deo”) (collectively... Read More

CA4 on Misrepresentation, More: Yang v. Holder
Posted on 29 Oct 2014 by Daniel M. Kowalski

Multiple errors by the BIA on multiple issues. Please read the case in full. Excellent lawyering by Joshua Bardavid ! - Yang v. Holder, Oct. 29, 2014 . Read More