Immigration Law

Recent Posts

Matter of A-M-R-C- Amicus Brief from "Round Table"
Posted on 4 Oct 2020 by Daniel M. Kowalski

From the "Round Table" of 29 Former IJs and BIA Members, and Arent Fox. Note the important jurisdictional issue. Follow this developing story! Read More

Barr Extends Reply Brief Deadline in A-M-R-C-
Posted on 20 Aug 2020 by Daniel M. Kowalski

Matter of A-M-R-C- (Aug. 19, 2020) "On June 17, 2020, pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I directed the Board of Immigration Appeals to refer this case to me for review of its decision. To assist me in my review, I directed that opening... Read More

Tags: A-M-R-C- , barr

Barr Adds 3 New Hardliners to BIA
Posted on 11 Aug 2020 by Daniel M. Kowalski

EOIR, Aug. 7, 2020 "The Executive Office for Immigration Review (EOIR) today announced the appointment of Michael P. Baird, Sunita B. Mahtabfar, and Sirce E. Owen as appellate immigration judges in EOIR’s Board of Immigration Appeals. Biographical... Read More

Tags: barr , bia

IJ Union Survives DOJ Attack: EOIR v. NAIJ
Posted on 1 Aug 2020 by Daniel M. Kowalski

EOIR v. NAIJ "For the reasons discussed below, I find that IJs are not management officials within the meaning of section 7103(a)(l l) of the Statute, and EOIR's petition is dismissed." Read More

Barr Nukes the Categorical Approach: Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)
Posted on 30 Jul 2020 by Daniel M. Kowalski

Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020) (1) If all of the means of committing a crime, based on the elements of the statute of conviction, amount to one or more of the offenses listed in section 101(a)(43) of the Immigration and Nationality... Read More

Wolf, Barr on DACA (July 28, 2020)
Posted on 28 Jul 2020 by Daniel M. Kowalski

July 28, 2020 DHS Press Release here . July 28, 2020 memo from Wolf to ICE, CBP and USCIS here . June 30, 2020 letter from Barr to Wolf here . Read More

Tags: Supreme Court , daca , barr , wolf , DHS

Barr Appoints 46 New Immigration Judges
Posted on 21 Jul 2020 by Daniel M. Kowalski

EOIR, July 17, 2020 "The Executive Office for Immigration Review (EOIR) announces the investiture of 46 immigration judges, including three assistant chief immigration judges. This class brings the immigration judge corps to 509, which is the highest... Read More

Barr on Torture: Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)
Posted on 14 Jul 2020 by Daniel M. Kowalski

Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020) (1) Under Department of Justice regulations implementing the Convention Against Torture, an act constitutes “torture” only if it is inflicted or approved by a public official or other person... Read More

Barr Extends A-M-R-C- Amicus Brief Deadline
Posted on 9 Jul 2020 by Daniel M. Kowalski

Office of the Attorney General, July 8, 2020 "Matter of A-M-R-C-, Respondent Decided by Attorney General July 8, 2020 U.S. Department of Justice Office of the Attorney General BEFORE THE ATTORNEY GENERAL On June 17, 2020, pursuant to... Read More

Tags: amicus , A-M-R-C- , barr , bia

Barr Taps New Chief IJ: Tracy Short
Posted on 2 Jul 2020 by Daniel M. Kowalski

EOIR, July 2, 2020 "The Executive Office for Immigration Review (EOIR) today announced the appointment of Tracy Short as the Chief Immigration Judge of EOIR’s Office of the Chief Immigration Judge. Biographical information follows: Tracy... Read More

Tags: barr , eoir , Tracy Short

EOIR Posts Case Underlying Matter of A-M-R-C-
Posted on 19 Jun 2020 by Daniel M. Kowalski

On its "Frequently Requested Agency Records" page, https://www.justice.gov/eoir/frequently-requested-agency-records , EOIR posted two files: https://www.justice.gov/eoir/page/file/1287366/download and https://www.justice.gov/eoir/page... Read More

Barr Refers Matter of A-M-R-C- to Himself: Amicus Brief Invitation
Posted on 17 Jun 2020 by Daniel M. Kowalski

Matter of A-M-R-C-, 28 I&N Dec. 7 (A.G. 2020) Interim Decision #3986 Matter of A-M-R-C-, Respondent Decided by Attorney General June 17, 2020 U.S. Department of Justice Office of the Attorney General BEFORE THE ATTORNEY GENERAL Pursuant... Read More

Justice For Sale? DOJ Offered Buyouts to Pre-Trump BIA Members
Posted on 28 May 2020 by Daniel M. Kowalski

Tanvi Misra, Roll Call, May 27, 2020 "The Justice Department offered buyouts to pre-Trump administration career members on its influential immigration appeals board as part of an ongoing effort to restructure the immigration court system with new... Read More

Barr Appoints Four New ACIJs; Two Have No Experience
Posted on 26 May 2020 by Daniel M. Kowalski

[NOTE: Two of the four new ACIJs have no immigration law experience, yet they will hear cases.] EOIR, May 22, 2020 "The Executive Office for Immigration Review (EOIR) today announced four new assistant chief immigration judges (ACIJs). ACIJs... Read More

Jeffrey S. Chase on De Pena Paniagua v. Barr, Gender Per Se
Posted on 11 May 2020 by Daniel M. Kowalski

Jeffrey S. Chase, May 10, 2020 "In De Pena Paniagua v. Barr , a three-judge panel of the U.S. Court of Appeals for the First Circuit made several corrections to the Trump administration’s application of the law of asylum as it applies to... Read More