Immigration Law

Recent Posts

Pro Se Evidence Remand at CA4: Ali v. Atty. Gen.
Posted on 6 Aug 2019 by Daniel M. Kowalski

Ali v. Atty. Gen. "All in all, the Board’s opinion in this case is a classic example of a decision that is incapable of review due to a lack of reasoned consideration. Its failure to discuss “highly relevant” evidence, see Min... Read More

Tags: bia , Evidence

Unpub. BIA Asylum Remand Insists IJ Follow the Law (Nov. 6, 2017)
Posted on 10 Nov 2017 by Daniel M. Kowalski

Humza Kazmi writes: "Our client brought an asylum claim, through another attorney. The Immigration Judge found that our client was credible, but hadn't provided sufficient corroborative evidence for part of his claim (membership in a particular... Read More

Tags: bia , kazmi , remand , Evidence , asylum

Unpub. BIA Remand: Evidence, Fact-Finding, Testimony (Feb. 7, 2018)
Posted on 5 Mar 2018 by Daniel M. Kowalski

Matter of X-, Feb. 7, 2018, unpublished - "[W]e agree with the respondent's contention that in denying his motion to reopen, the Immigration Judge erroneously denied him the opportunity to testify regarding the amount of monetary loss involved... Read More

BIA on Violation of Protective Order: Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017)
Posted on 20 Nov 2017 by Daniel M. Kowalski

Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017) - Whether a violation of a protection order renders an alien removable under section 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), is not governed... Read More

BIA on Reliable Evidence, Alien Smuggling: Matter of Guzman-Sanchez (Unpub.)
Posted on 6 Nov 2013 by Daniel M. Kowalski

"The Immigration Judge found that, based on the testimony of a Department of Homeland Security ("DHS") Special Agent and two Border Patrol Agents, as well as documentary evidence of record including an 1-213, Record of Deportable/Inadmissible... Read More

CA6 on Unsworn Documents as Evidence: Zhang v. Holder
Posted on 19 Dec 2012 by Daniel M. Kowalski

"Yu Yun Zhang, proceeding through counsel, petitions this court to review an order from the Board of Immigration Appeals (“BIA” or “Board”) that denied her motion to reopen her immigration proceedings based on changed country... Read More

CA2 on Evidence: Urgen v. Holder
Posted on 2 Oct 2014 by Daniel M. Kowalski

"Petitioner contends that his testimony and evidence were sufficient to establish that he is a stateless Tibetan born in Nepal. Because the Board of Immigration Appeals erroneously required Petitioner to prove his nationality through documentary... Read More

BIA on Bosnian War, Persecutor Bar, Evidence, Burden of Proof: Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017)
Posted on 18 May 2017 by Daniel M. Kowalski

Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017) - Where the record contains some evidence from which a reasonable factfinder could conclude that one or more grounds for mandatory denial of an application for relief may apply, the alien bears the burden... Read More

BIA on Use of I-9 in Removal Proceedings: Matter of Bett
Posted on 30 Oct 2014 by Daniel M. Kowalski

Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N... Read More

Tags: bia , removal , I-9 , Evidence , bett

BIA on Proving Familial Relationships for Visa Petitions: Matter of Rehman, 21 I&N Dec. 124 (BIA 2017)
Posted on 21 Sep 2017 by Daniel M. Kowalski

Matter of Rehman, 21 I&N Dec. 124 (BIA 2017) - Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as... Read More

Fourth Circuit on evidence: Tassi v. Holder
Posted on 8 Nov 2011 by Daniel M. Kowalski

"[O]ur analysis of Tassi’s petition for review exposes several categories of error. For example, the IJ contravened the principle that corroborative evidence supporting an asylum application cannot be rejected solely because it does not strictly... Read More

Tags: ij , bia , refugee , Evidence , asylum , tassi

CA3 on Meaningful Consideration of Evidence by BIA: Zhu v. Attorney General
Posted on 4 Mar 2014 by Daniel M. Kowalski

"Because the BIA’s opinion did not reflect meaningful consideration of much of the evidence that Zhu submitted in support of her motion, we will grant the petition for review, vacate the order denying the motion to reopen, and remand to the... Read More

Tags: Third Circuit , bia , Cox , Evidence , ca3 , zhu