Immigration Law

Recent Posts

USCIS Policy Memo: Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of L-E-A
Posted on 1 Oct 2019 by Daniel M. Kowalski

USCIS, undated, but posted Sept. 2019 "This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers for determining whether an applicant is eligible for asylum or refugee status or withholding of removal... Read More

CA4 Vacates Castro-Tum
Posted on 29 Aug 2019 by Daniel M. Kowalski

Zuniga Romero v. Barr "After an immigration judge (“IJ”) denied Jesus Zuniga Romero’s request for administrative closure of his case—which would have removed it from the IJ’s active docket pending the completion of... Read More

Tags: castro-tum , barr , bia

Major Changes at EOIR Spark Strong Reactions
Posted on 23 Aug 2019 by Daniel M. Kowalski

EOIR will publish an Interim Rule on Monday, Aug. 26, 2019. An advance copy is posted here . The National Association of Immigration Judges posted its reaction here . Former BIA Chairman and Immigration Judge Paul W. Schmidt posted his reaction here... Read More

Tags: barr , bia , eoir

A.G. Barr Adds Six New BIA Members
Posted on 23 Aug 2019 by Daniel M. Kowalski

EOIR, Aug. 23, 2019 "The Executive Office for Immigration Review today announced the investiture of six new Board members. Board of Immigration Appeals Chairman David L. Neal presided over the investiture during a ceremony held Aug. 23, 2019, at... Read More

Tags: barr , bia , eoir

DOJ Attack on Immigration Judges 'Union Busting Plain and Simple'
Posted on 14 Aug 2019 by Daniel M. Kowalski

NAIJ, Aug. 12, 2019 "Trump Administration Seeks to Silence Federal Immigration Judges’ Union DOJ Files Legal Documents to End the Labor Rights of Judges Retribution for Speaking Out and Exposing Problems in the Courts Judges Make Bipartisan... Read More

Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase
Posted on 12 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers... Read More

Why I Resigned as an Immigration Judge
Posted on 5 Aug 2019 by Daniel M. Kowalski

Ilyce Shugall, Aug. 4, 2019 "I have been an immigration lawyer dedicated to fairness and due process for immigrants my entire career. In 2015, convinced that my 18 years of experience as an advocate would make me a good immigration judge, I applied... Read More

Materials Related to L-E-A-
Posted on 31 Jul 2019 by Daniel M. Kowalski

Link to the July 29, 2019 A.G. decision here . Link to briefs and other materials collected by CLINIC Legal here . Read More

A.G. Barr on 'Particular Social Group' - Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)
Posted on 31 Jul 2019 by Daniel M. Kowalski

Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) (1) In Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), the Board of Immigration Appeals improperly recognized the respondent’s father’s immediate family as a “particular social group”... Read More

EOIR's Troubling New Regulations - Jeffrey S. Chase
Posted on 9 Jul 2019 by Daniel M. Kowalski

Jeffrey S. Chase, July 5, 2019 "On July 2, the Department of Justice published final regulations impacting how decisions of immigration judges will be reviewed, both on appeal to the Board of Immigration Appeals and by certification to the Attorney... Read More

Court Blocks Matter of M-S-; Detained Asylum Applicants May Seek Bond
Posted on 3 Jul 2019 by Daniel M. Kowalski

In Matter of M-S- (slated to take effect in mid-July) Attorney General Barr stated: "I read [INA] section 235(b)(1)(B)(ii) to mandate detention (i) for the purpose of ensuring additional review of an asylum claim, and (ii) for so long as that review... Read More

Tags: bond , detention , barr , asylum

Jeffrey S. Chase: Latest Pereira Developments
Posted on 3 Jun 2019 by Daniel M. Kowalski

Jeffrey S. Chase, June 3, 2019 "I have previously discussed the implications of the Supreme Court’s 2018 decision in Pereira v. Sessions here and here . There are two aspects to the Pereira decision. The first is the narrow issue presented... Read More

Matter of M-S- and the Continuing Battle Over ‘Zero Tolerance’
Posted on 30 May 2019 by Daniel M. Kowalski

Andrew Patterson, May 29, 2019 "Asylum seekers who have passed their credible fear interviews—those whom immigration officers find have viable asylum claims—may no longer have access to an important protection against prolonged imprisonment... Read More

Barr Certifies 'Judicial Alteration' Cases to Himself
Posted on 29 May 2019 by Daniel M. Kowalski

Matter of Thomas & Thompson, 27 I&N Dec. 556 (A.G. 2019) Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer these cases to me for review of its decisions. The Board’s decisions... Read More

ABA President Weighs In on Matter of M-S-
Posted on 29 Apr 2019 by Daniel M. Kowalski

Robert M. Carlson, Apr. 23, 2019 "Dear Attorney General Barr: On behalf of the American Bar Association, I write to express our serious concerns regarding your decision in Matter of M-S-, which removes the right of certain asylum seekers to receive... Read More