Immigration Law

Recent Posts

Pro Se Evidence Remand at CA4: Ali v. Atty. Gen.
Posted on 6 Aug 2019 by Daniel M. Kowalski

Ali v. Atty. Gen. "All in all, the Board’s opinion in this case is a classic example of a decision that is incapable of review due to a lack of reasoned consideration. Its failure to discuss “highly relevant” evidence, see Min... Read More

Tags: bia , Evidence

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

IJ Asylum Grant: Guatemala, Gender
Posted on 9 Jul 2019 by Daniel M. Kowalski

Former IJ Jeffrey S. Chase writes: "[ Here ] is a recent (May 20) grant of asylum by IJ Steve Morley in Philadelphia, who, you may remember, was the IJ who was targeted and had cases taken off his docket for refusing to order a minor respondent removed... Read More

EOIR Final Rule - Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents
Posted on 1 Jul 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 127 / Tuesday, July 2, 2019 "The Department of Justice (Department) is publishing this final rule (“final rule” or “rule”) to amend the regulations regarding the administrative review procedures... Read More

Tags: bia , eoir , final rule

BIBcast with Kathrin S. Mautino!
Posted on 21 Jun 2019 by Daniel M. Kowalski

San Diego superstar Kathrin S. Mautino discovers hidden gems among "old" BIA cases that can help you solve today's knotty litigation problems. Listen to the audio here . Read More

Jeffrey S. Chase: The BIA and Selective Dismissal
Posted on 7 Jun 2019 by Daniel M. Kowalski

Jeffrey S. Chase, June 7, 2019 "On May 31, the BIA published a precedent decision in Matters of Andrade Jaso and Carbajal Ayala . In that decision, Board Member Garry Malphrus (writing for a panel that included Hugh Mullane and Ellen Liebowitz... Read More

Unpub. BIA Victory: Mexico, WH/CAT, Imputed Nationality
Posted on 4 Jun 2019 by Daniel M. Kowalski

Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that... 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

Court Slaps USCIS in MAVNI Natz Lawsuit: Nio v. DHS
Posted on 23 May 2019 by Daniel M. Kowalski

Nio v. DHS, May 22, 2019 "The question before the Court is whether the U.S. Department of Homeland Security (“DHS”) and its sub-agency U.S. Citizenship and Immigration Services (“USCIS”) acted lawfully when they instituted... Read More

Tags: nio , mavni , bia , APA , Naturalization , USCIS

2 New BIA Decisions on Pereira
Posted on 22 May 2019 by Daniel M. Kowalski

27 I&N Dec. 546 (BIA 2019), Matter of PENA-MEJIA - Neither rescission of an in absentia order of removal nor termination of the proceedings is required where an alien did not appear at a scheduled hearing after being served with a notice to appear... Read More

BIA, En Banc (9-6) on Pereira, Bermudez-Cota: Matter of Mendoza-Hernandez and Capula-Cortes
Posted on 1 May 2019 by Daniel M. Kowalski

Matter of Mendoza-Hernandez and Capula-Cortes, 27 I&N Dec. 520 (BIA 2019) Board En Banc: NEAL, Chairman; MALPHRUS, WENDTLAND, MULLANE, GREER, MANN, O’CONNOR, LIEBOWITZ, and KELLY, Board Members. Dissenting Opinion: GUENDELSBERGER, joined by... Read More

How the BIA Works
Posted on 25 Apr 2019 by Daniel M. Kowalski

See attorney Matthew Hoppock's Twitter feed and his blog for the results of his FOIA requests revealing fascinating internal BIA documents. Read More

Tags: bia , hoppock , FOIA

A.G. Barr Seeks to Push BIA Final Rule over Finish Line
Posted on 12 Apr 2019 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, Washington Bureau, Apr. 12, 2019 "Attorney General William Barr is making his first major moves on immigration policy since his confirmation, setting up big changes for the courts that decide whether immigrants... Read More

Tags: Regulation , barr , bia , eoir , USCIS

CA8 on Remands: Caballero-Martinez v. Barr
Posted on 3 Apr 2019 by Daniel M. Kowalski

ballero-Martinez v. Barr "[W]e ask the BIA to explain its decision not to apply the Sanchez-Sosa factors to Caballero-Martinez’s remand request in its December analysis. In short, we ask the BIA to explain why it ultimately made no difference... Read More

Tags: bia , hoppock , remand

Lawsuit: Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy
Posted on 2 Mar 2019 by Daniel M. Kowalski

AIC, Feb. 28, 2019 "In July and November of 2018, the American Immigration Council, along with the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin Cardozo School of Law, filed two requests under the Freedom of Information Act (FOIA... Read More