Immigration Law

Recent Posts

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

The Shadow Court Cementing Trump’s Immigration Policy
Posted on 2 Jul 2020 by Daniel M. Kowalski

Felipe de la Hoz, The Nation, June 30, 2020 "The Board of Immigration Appeals, once an impartial appellate court, has become a new front in the Trump administration’s war against migrants." Read More

Tags: immigration , bia , Trump

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

CA1 on Pardons: Thompson v. Barr
Posted on 22 May 2020 by Daniel M. Kowalski

Thompson v. Barr "Petitioner Richard Marvin Thompson ("Thompson") appeals the Board of Immigration Appeals' ("BIA") denial of his motion to reopen sua sponte his immigration proceedings, alleging that the BIA committed a... Read More

BIA Continues Line of Cases Validating Deficient NTAs Despite Grave Errors: Prof. Geoffrey Hoffman
Posted on 18 May 2020 by Daniel M. Kowalski

Prof. Geoffrey Hoffman, May 17, 2020 "The latest decision from the Board of Immigration Appeals (BIA), Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020) , is another case in the trend of cases at the Board validating unlawful Notice to... Read More

CA9 on Due Process, Standard of Proof: Zerezghi v. USCIS
Posted on 14 Apr 2020 by Daniel M. Kowalski

Zerezghi v. USCIS "We hold that the BIA violated due process by relying on undisclosed evidence that Zerezghi and Meskel did not have an opportunity to rebut. In making its initial determination of marriage fraud, the BIA also violated due process... Read More

EOIR Policy Memo: Filings and Signatures (Apr. 3, 2020)
Posted on 6 Apr 2020 by Daniel M. Kowalski

EOIR, Apr. 3, 2020 "This Policy Memorandum (PM) updates EOIR's policies regarding permissible signatures on documents filed with the immigration courts and the Board of Immigration Appeals. As of March 31, 2020, EOIR has begun accepting digital... Read More

CA8 on CAT, Somalia, Standard of Review: Kassim v. Barr
Posted on 3 Apr 2020 by Daniel M. Kowalski

Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif... Read More

BIA on Hardship: Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)
Posted on 31 Mar 2020 by Daniel M. Kowalski

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of... 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

BIA on Bond, Flight Risk: Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020)
Posted on 18 Mar 2020 by Daniel M. Kowalski

Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020) The Immigration Judge properly determined that the respondent was a flight risk and denied his request for a custody redetermination where, although he had a pending application for asylum, he had no... Read More

Tags: bond , bia , flight risk

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

BIA Amicus Brief Invitation: Alien Notice (Due Mar. 23, 2020)
Posted on 21 Feb 2020 by Daniel M. Kowalski

BIA, Feb. 21, 2020 "Amicus Invitation No. 20-21-02 AMICUS INVITATION (Alien Notice), Due Date: March 23, 2020 February 21, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

Matter of Mayen-Vinalay, 27 I&N Dec. 755 (BIA 2020)
Posted on 22 Jan 2020 by Daniel M. Kowalski

Matter of Mayen-Vinalay, 27 I&N Dec. 755 (BIA 2020) In assessing whether to grant an alien’s request for a continuance regarding an application for collateral relief, the alien’s prima facie eligibility for relief and whether it will... Read More

Tags: continuance , bia