Immigration Law

Recent Posts

Garland Appoints New BIA Member: Beth Liebmann
Posted on 15 Apr 2022 by Daniel M. Kowalski

EOIR, Apr. 13, 2022 "Attorney General Merrick B. Garland has appointed Beth Liebmann as a Member of EOIR’s Board of Immigration Appeals (BIA). ... Judge Liebmann earned a Bachelor of Arts in 1981 from Brandeis University and a Juris Doctor... Read More

Tags: bia , eoir , garland

BIA Amicus Invitation: Texas Burglary; Crime of Violence; Due Date May 3, 2022
Posted on 12 Apr 2022 by Daniel M. Kowalski

EOIR, Apr. 12, 2022 "ISSUES PRESENTED: 1. Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft... Read More

BIA Amicus Invitation: Vacatur of a Criminal Conviction (Due Date Apr. 6, 2022)
Posted on 16 Mar 2022 by Daniel M. Kowalski

BIA, Mar. 16, 2022 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: What factors should the Board weigh when considering an untimely motion to... Read More

Tags: amicus brief , bia

82,645 Appeals Pending at the BIA
Posted on 9 Mar 2022 by Daniel M. Kowalski

As of Jan. 19, 2022 there are 82,645 appeals pending at the BIA. Read More

Tags: Appeals , bia , backlog , eoir

Historic FOIA Settlement Levels the Legal Playing Field for Immigrant Advocates: NYLAG v. BIA
Posted on 10 Feb 2022 by Daniel M. Kowalski

NYLAG, Feb. 10, 2022 " A federal district court in New York on Wednesday evening ordered the U.S. Board of Immigration Appeals to establish an online library of its unpublished opinions – the result of a settlement between the New York Legal... Read More

CA4 on Abuse of Discretion, Continuances: Garcia Cabrera v. Garland
Posted on 7 Jan 2022 by Daniel M. Kowalski

Garcia Cabrera v. Garland "This petition arises out of an immigration judge’s (IJ) refusal (affirmed by the Board of Immigration Appeals (BIA)) to continue the deportation proceedings of a movant that the IJ himself recognized was likely... Read More

EOIR Electronic Case Access and Filing Final Rule
Posted on 10 Dec 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 "On December 4, 2020, the Executive Office for Immigration Review (“EOIR”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”... Read More

EOIR on Administrative Closure
Posted on 23 Nov 2021 by Daniel M. Kowalski

EOIR, Nov. 22, 2021 "On July 15, 2021, the Attorney General issued a precedential decision in Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021). In that decision, the Attorney General restored the authority of immigration judges and the Board... Read More

BIA CIMT Amicus Invitation (Due Date: Dec. 8, 2021)
Posted on 18 Nov 2021 by Daniel M. Kowalski

Amicus Invitation No. 21-17-11 "ISSUE PRESENTED: In Hernandez v. Whitaker, 914 F.3d 430 (6th Cir. 2019), the United States Court of Appeals for the Sixth Circuit concluded that section 750.82 of the Michigan Compiled Laws is not divisible and that... Read More

Tags: amicus brief , bia , cimt

BIA Amicus Invitation: Aggravated Felony (Due Nov. 30, 2021)
Posted on 9 Nov 2021 by Daniel M. Kowalski

Amicus Invitation No. 21-09-11 "ISSUE PRESENTED: Whether all aggravated felonies under section 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43), per se come within the ambit of a particularly serious crime, such that... Read More

BIA on Nexus, Jurisdiction, Voluntary Departure: Matter of M-F-O-
Posted on 4 Nov 2021 by Daniel M. Kowalski

Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021) - A notice to appear that does not specify the time or place of a respondent’s initial removal hearing does not end the accrual of physical presence for purposes of voluntary departure at the conclusion... Read More

BIA Amicus Brief Deadline Extended
Posted on 29 Oct 2021 by Daniel M. Kowalski

EOIR, Oct. 29, 2021 "Amicus Invitation No. 21-30-09 AMICUS INVITATION (Record of Conviction) Due October 21, 2021 (Amended) Deadline extended, Due November 19, 2021 November 19, 2021 The Board of Immigration Appeals welcomes interested members... Read More

Tags: amicus brief , bia

CA4 Abrogates Matter of S-O-G- & F-D-B-!
Posted on 20 Oct 2021 by Daniel M. Kowalski

Chavez Gonzalez v. Garland "We hold today that the IJs and BIA possess the inherent authority to terminate removal proceedings, abrogating Matter of S-O-G- & F-D-B-. We likewise conclude the BIA improperly denied Petitioner’s request... Read More

Tags: bia , termination

Parties "Optimistic" of Settlement in NYLAG v. BIA (Unpub. FOIA)
Posted on 20 Oct 2021 by Daniel M. Kowalski

DOJ letter, Oct. 15, 2021 "Plaintiff seeks the publication of unpublished decisions issued by the Board of Immigration Appeals (“BIA”) — both historical opinions that the BIA has already issued and opinions that the BIA will issue... Read More

Tags: bia , FOIA

CA1 on Credibility: Lopez Troche v. Garland
Posted on 19 Oct 2021 by Daniel M. Kowalski

Lopez Troche v. Garland "Mario Rene Lopez Troche ("Lopez Troche"), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirms the denial of his application for... Read More