Immigration Law

Recent Posts

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

BIA Amicus Briefing Deadlines Extended for Matter of Castillo-Perez, Matter of L-E-A-
Posted on 12 Feb 2019 by Daniel M. Kowalski

DOJ, Jan. 29, 2019, Matter of Castillo-Perez - "Interested amici may submit briefs not exceeding 9,000 words on or before February 25, 2019. The parties may submit reply briefs not exceeding 6,000 words on or before February 25, 2019." DOJ... Read More

Unpub. BIA Pardon Victory in Alabama, Louisiana
Posted on 17 Jan 2019 by Daniel M. Kowalski

Hats off to my associate, Samantha Hechtman , who writes: "Respondent is a native and citizen of Antigua Barbuda. He entered the United States as a lawful permanent resident on January 30, 1988. Respondent was detained by ICE on November 14, 2016... Read More

Jeffrey S. Chase on the Impact of Grace v. Whitaker
Posted on 25 Dec 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 24, 2018 - "Six months after a significant number of U.S. immigration judges cheered a decision intended to revoke the hard-earned right of domestic violence victims to asylum protection, immigration advocates had their chance... Read More

BIA on Willful Misrepresentation: Matter of A.J. Valdez and Z. Valdez, 27 I&N Dec. 496 (BIA 2018)
Posted on 20 Dec 2018 by Daniel M. Kowalski

Matter of A.J. Valdez and Z. Valdez, 27 I&N Dec. 496 (BIA 2018) (1) An alien makes a willful misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when he or she knows of... Read More

Did the BIA Edit the Attorney General’s Decision in Matter of Castro-Tum? If So, Does it Matter?
Posted on 2 Nov 2018 by Daniel M. Kowalski

Matthew Hoppock, Nov. 2, 2018 - "A series of FOIA requests regarding the Attorney General’s decision in Matter of Castro-Tum seem to have revealed something strange about that decision: it was edited after the Attorney General issued it. ... Read More