Immigration Law

Recent Posts

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

CA7 on Byrne JAG Grant Conditions: Chicago v. Barr
Posted on 30 Apr 2020 by Daniel M. Kowalski

Chicago v. Barr "We conclude again today, as we did when presented with the preliminary injunction, that the Attorney General cannot pursue the policy objectives of the executive branch through the power of the purse or the arm of local law enforcement;... Read More

Barr Adds Two Members to BIA: Advance Copy
Posted on 31 Mar 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 04/01/2020 "This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (“Board”) by adding two Board... Read More

Tags: barr , bia , eoir

Jeffrey S. Chase: The Real Message of Matter of R-A-F-
Posted on 2 Mar 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 1, 2020 "On February 26, the Attorney General (or more likely, someone authorized to speak on his behalf) issued a precedent decision in Matter of R-A-F - . My take on the import of this decision seems to be different than... Read More

The Case Behind the Case: Matter of R-A-F-
Posted on 27 Feb 2020 by Daniel M. Kowalski

Here is a link to the unpublished BIA decision in Matter of R-A-F- dated Sept. 11, 2019. Read More

A.G. on Torture: Matter of R-A-F-, 27 I&N Dec. 778
Posted on 27 Feb 2020 by Daniel M. Kowalski

Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) (1) The Board of Immigration Appeals should consider de novo the application of law to the facts of this case, including whether the deprivations that the respondent would be likely to encounter upon... Read More

Tags: torture , barr , bia

Senators Question Agreements Used by the Trump Administration to Expel Asylum Seekers to Northern Triangle Countries
Posted on 7 Feb 2020 by Daniel M. Kowalski

Sen. Elizabeth Warren, Feb. 6, 2020 "Warren, Menendez Lead Senators Questioning Agreements Used by the Trump Administration to Expel Asylum Seekers to Northern Triangle Countries Touted in the State of the Union Address, the Trump Administration's... Read More

A.G. Barr Refers Matter of Reyes for Review
Posted on 22 Nov 2019 by Daniel M. Kowalski

Matter of Reyes, 27 I&N Dec. 708 (A.G. 2019) "Pursuant to 8 C.F.R. §1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this... Read More

Barton v. Barr Oral Arg. Transcript and More
Posted on 6 Nov 2019 by Daniel M. Kowalski

The transcript is here . The argument preview is here . The page with links to the briefs is here . Post-argument commentary by Prof. Nancy Morawetz is here . Read More

Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)
Posted on 25 Oct 2019 by Daniel M. Kowalski

Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019) (1) The Immigration and Nationality Act’s “good moral character” standard requires adherence to the generally accepted moral conventions of the community, and criminal activity... Read More

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