Immigration Law

Recent Posts

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

Retired IJs, Former BIA Members Blast Sessions' Meddling in Matter of Castro-Tum Remand
Posted on 2 Aug 2018 by Daniel M. Kowalski

July 30, 2018 open letter - "On Thursday, July 26, 2018, the Executive Office for Immigration Review (EOIR), in a costly and inefficient use of the agency’s resources, sent an Assistant Chief Immigration Judge to the Philadelphia Immigration... Read More

Unpub. BIA CAT Victory (Mexico; June 25, 2018)
Posted on 6 Jul 2018 by Daniel M. Kowalski

Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the... Read More

CA8 on Standard of Review: Garcia-Mata v. Sessions
Posted on 2 Jul 2018 by Daniel M. Kowalski

Garcia-Mata v. Sessions - "Maria Garcia-Mata, a citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals. After an immigration judge ordered withholding of removal, the Board vacated that decision, denied relief,... Read More

CA1 on Asylum, Mexico; Faults DOJ for 'a Profound Misunderstanding of the Law' - Rosales Justo v. Sessions
Posted on 18 Jul 2018 by Daniel M. Kowalski

Rosales Justo v. Sessions - "Petitioner Javier Rosales Justo ("Rosales"), a citizen of Mexico, claims that the Board of Immigration Appeals ("BIA") erred when it reversed an immigration judge's order granting him asylum. The... Read More

BIA Amicus Brief Invitation re Validity of Conviction for Immigration Purposes (due July 27, 2018)
Posted on 28 Jun 2018 by Daniel M. Kowalski

BIA, June 27, 2018 - "Amicus Invitation No. 18-06-27 (Amended) AMICUS INVITATION (VALIDITY OF A CONVICTION FOR IMMIGRATION PURPOSES), DUE JULY 27, 2018 JUNE 27, 2018 The Board of Immigration Appeals welcomes interested members of the public... Read More

Tags: amicus , 1203 , punu , bia , conviction , roldan

CA9 on Scope of IJ Jurisdiction on Remand: Bermudez-Ariza v. Sessions
Posted on 24 Jun 2018 by Daniel M. Kowalski

Bermudez-Ariza v. Sessions - "This case requires us to address the scope of an Immigration Judge’s (“IJ’s”) jurisdiction on remand from the Board of Immigration Appeals (“BIA”). Javier Bermudez-Ariza applied for... Read More

EOIR Electronic Filing Pilot Program
Posted on 23 Jun 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 - "The Executive Office for Immigration Review (EOIR) is creating a voluntary pilot program to test an expansion of electronic filing for cases filed with the immigration courts and the... Read More

EOIR Hiring New BIA Member(s)
Posted on 23 Feb 2016 by Daniel M. Kowalski

USAJOBS - Job Title: Board Member SALARY RANGE: $123,175.00 to $185,100.00 / Per Year OPEN PERIOD: Friday, February 19, 2016 to Friday, March 18, 2016 Read More

Tags: bia , eoir , hiring

BREAKING: BIA Will Add Two More Members
Posted on 2 Jun 2015 by Daniel M. Kowalski

Advance Copy of Interim Rule to be published in the June 3, 2015 Federal Register: "This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions... Read More

Former BIA Members and IJs Blast Refugee Detention Regime
Posted on 1 Nov 2016 by Daniel M. Kowalski

In a 4-page letter dated October 31, 2016 to DHS Secretary Jeh Johnson, twelve former BIA members and Immigration Judges made the case for due process for asylum applicants, and criticized the current detention regime. Read More

Supreme Court: Mellouli On Hold
Posted on 24 Aug 2015 by Daniel M. Kowalski

"Moones Mellouli, a Tunisian who had been living legally in the United States until he was deported for a minor drug crime, won one appeal to the Supreme Court this past June and on Friday moved into position potentially to win another. The Justices... Read More