Immigration Law

Recent Posts

EOIR PM on Enforcement Priorities (June 11, 2021)
Posted on 11 Jun 2021 by Daniel M. Kowalski

EOIR, June 11, 2021 "... Immigration judges should be prepared to inquire, on the record, of the parties appearing before them at scheduled hearings as to whether the case remains a removal priority for ICE and whether ICE intends to exercise some... Read More

Former Immigration Judges Ask Garland to Review/Rescind Trump-Era AG Certs
Posted on 25 May 2021 by Daniel M. Kowalski

Round Table of Former Immigration Judges, May 25, 2021 "We, the Round Table of Former Immigration Judges, are a group of former Immigration Judges and appellate-level judges of the Board of Immigration Appeals. Relying on our combined centuries... Read More

Tags: bia , eoir , garland

Advocates: Garland Must Review EOIR Personnel and Install New Leadership
Posted on 20 May 2021 by Daniel M. Kowalski

Letter dated May 19, 2021 "To Attorney General Garland and Deputy Attorney General Monaco: We, the undersigned immigration, civil rights, human rights, and democracy protection organizations, are deeply concerned that politically motivated personnel... Read More

Tags: bia , eoir , garland

EOIR Cancels PM 20-01 (Case Processing)
Posted on 18 Mar 2021 by Daniel M. Kowalski

EOIR, Mar. 17, 2021 "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memorandum (PM) is rescinded: 1. PM 20-01, Case Processing at the Board of Immigration Appeals PM 20-01... Read More

BIA Seeks Amicus Briefs on Divisibility of Iowa Theft Statute
Posted on 16 Mar 2021 by Daniel M. Kowalski

BIA, Mar. 15, 2021 "Amicus Invitation No. 21-15-03 AMICUS INVITATION (Divisibility of Iowa’s Theft Statute) Due Date: April 14, 2021 March 15, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus... Read More

Major FOIA Victory at CA2: NYLAG v. BIA
Posted on 5 Feb 2021 by Daniel M. Kowalski

NYLAG v. BIA "Plaintiff-Appellant New York Legal Assistance Group (“NYLAG”) seeks access to non-precedential “unpublished opinions” issued by Defendant-Appellee the Board of Immigration Appeals (“BIA”) in immigration... Read More

Tags: bia , FOIA , eoir

Sexual Harassment by IJs, BIA Members: SF Chronicle Investigation
Posted on 22 Jan 2021 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, Jan. 22, 2021 "One judge made a joke about genitalia during a court proceeding and was later promoted. Another has been banned for more than seven years from the government building where he worked after management... Read More

BIA on Divisibility, Elements, Means: Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021)
Posted on 22 Jan 2021 by Daniel M. Kowalski

Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021) - Section 58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession or use of a controlled substance, is divisible with respect to the identity of the specific “controlled substance”... Read More

Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020)
Posted on 22 Dec 2020 by Daniel M. Kowalski

Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020) The risk of harm to a child required to obtain a conviction for child neglect in the second degree under section 163.545(1) of the Oregon Revised Statutes is sufficiently high that the offense... Read More

BIA on Expert Witnesses: Matter of M-A-M-Z-, 28 I&N Dec. 173
Posted on 17 Dec 2020 by Daniel M. Kowalski

Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020) (1) Expert testimony is evidence, but only an Immigration Judge makes factual findings. (2) When the Immigration Judge makes a factual finding that is not consistent with an expert’s opinion... Read More

Tags: experts , bia

EOIR Final Rule: Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
Posted on 11 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 "On August 26, 2020, the Department of Justice (“Department”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”) that would... Read More

Former BIA Chair Hon. Paul W. Schmidt to Ohio AILA
Posted on 4 Dec 2020 by Daniel M. Kowalski

PWS, Dec. 4, 2020 " Friends, you know, and I know, what is the biggest crisis facing the American justice system today. One that undermines and threatens racial justice, social justice, equality before the law, voting rights, American values, and... Read More

Tags: schmidt , bia , eoir

BIA Amicus Brief Invitation: Arriving Aliens (Due Jan. 4, 2020)
Posted on 4 Dec 2020 by Daniel M. Kowalski

BIA, Dec. 4, 2020 "Amicus Invitation No. 20-04-12 AMICUS INVITATION (Arriving Alien), Due Date: January 4, 2021 December 4, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

BIA on IAC: Matter of Melgar
Posted on 4 Dec 2020 by Daniel M. Kowalski

Matter of Melgar, 28 I&N Dec. 169 (BIA 2020) (1) Counsel’s acceptance of responsibility for error does not discharge the disciplinary authority complaint obligation under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), particularly where... Read More

EOIR Proposed Rule: Electronic Filing, Case Access, Law Students
Posted on 3 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 "The Executive Office for Immigration Review (“EOIR”) is proposing to implement electronic filing and records applications for all cases before the immigration courts and... Read More

Tags: bia , eoir