Immigration Law

Recent Posts

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

BIA on CAT, Torture: Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)
Posted on 31 Oct 2018 by Daniel M. Kowalski

Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018) - Where the evidence regarding an application for protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10... Read More

Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
Posted on 19 Oct 2018 by Daniel M. Kowalski

Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018) "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision... Read More

BIA on UAC Jurisdiction: Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)
Posted on 17 Oct 2018 by Daniel M. Kowalski

Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018) An Immigration Judge has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied alien child but who turned 18 before filing the application... Read More

BIA on Maximum Possible Sentence: Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018)
Posted on 4 Oct 2018 by Daniel M. Kowalski

Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018) The amendment to section 18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for an alien’s State offense from 365 days... Read More

CA3 on Corroboration: Saravia v. Attorney General
Posted on 1 Oct 2018 by Daniel M. Kowalski

Saravia v. Attorney General - "This case concerns the Board of Immigration Appeals’ failure to follow precedent set forth by this Court. ... [W]e remind Immigration Judges in our Circuit that they must follow the requirements of Chukwu. We... Read More

Statement of Former Immigration Judges and BIA Members Opposing IJ Quotas (Oct. 1, 2018)
Posted on 1 Oct 2018 by Daniel M. Kowalski

Oct. 1, 2018 - "As former Immigration Judges and BIA Members, we join our former colleagues in the NAIJ in decrying the imposition of much-criticized performance quotas on sitting Immigration Judges. Experience has demonstrated that it is futile... Read More

CA9 on Egregious 4th Amendment Violation: Sanchez II
Posted on 19 Sep 2018 by Daniel M. Kowalski

Sanchez v. Sessions, Sept. 19, 2018 - "As Judge Pregerson poignantly described in our prior opinion: “This case is about Luis Sanchez, a small boat owner, who took some friends on a fishing trip within United States territorial waters, and... Read More

The BIA vs. the Supreme Court (Jeffrey S. Chase, Sept. 1, 2018)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Sept. 1, 2018 - "Although it hasn’t caught the attention of the public or the media, the Supreme Court’s June 21 decision in Pereira v. Sessions has inspired immigration lawyers this summer, giving reason to hope and... Read More

BIA Pushes Back Against Pereira: Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)
Posted on 31 Aug 2018 by Daniel M. Kowalski

Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) - A notice to appear that does not specify the time and place of an alien’s initial removal hearing vests an Immigration Judge with jurisdiction over the removal proceedings and meets the requirements... Read More

BIA on Finality: Matter of J. M. Acosta, 27 I&N Dec. 420 (BIA 2018)
Posted on 29 Aug 2018 by Daniel M. Kowalski

Matter of J. M. Acosta, 27 I&N Dec. 420 (BIA 2018) (1) A conviction does not attain a sufficient degree of finality for immigration purposes until the right to direct appellate review on the merits of the conviction has been exhausted or waived... Read More

Tags: finality , bia , acosta

Statement of Former IJs and BIA Members in Response to Matter of L-A-B-R-
Posted on 17 Aug 2018 by Daniel M. Kowalski

"As former Immigration Judges and Members of the BIA with many decades of combined experience on the bench, we must expose the Attorney General’s latest blow to judicial independence in his decision in Matter of L-A-B-R- . There is no question... Read More

CA7 on BIA Authority, Final Order of Removal: Mejia Galindo v. Sessions
Posted on 3 Aug 2018 by Daniel M. Kowalski

Mejia Galindo v. Sessions - "A final removal order is created in two steps. First, the immigration judge must conclude that the alien is removable. Id. § 1101(a)(47)(A). Second, the immigration judge’s removal order becomes “final”... Read More

Tags: final order , bia

BIA on CIMT, Cancellation: Matter of Ortega-Lopez II
Posted on 6 Aug 2018 by Daniel M. Kowalski

Matter of Ortega-Lopez II - (1) The offense of sponsoring or exhibiting an animal in an animal fighting venture in violation of 7 U.S.C. § 2156(a)(1) (2006) is categorically a crime involving moral turpitude. Matter of Ortega-Lopez, 26 I&N Dec... Read More

BIA on Cancellation, Protection Order, Conviction: Matter of Medina-Jimenez
Posted on 7 Aug 2018 by Daniel M. Kowalski

Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018) - The categorical approach does not govern whether violating a protection order under 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), renders an... Read More