Immigration Law

Recent Posts

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

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