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

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

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

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

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

What Does Sessions' E-F-H-L- Order Mean?
Posted on 6 Mar 2018 by Daniel M. Kowalski

Paul W. Schmidt, Mar. 6, 2018 - SESSIONS “GOES DEEP” TO UNDERMINE DUE PROCESS! — Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)! "Here is the AG decision: E-F-H-L-AG And here’s the original BIA precedent he vacated... Read More

New Developments in Matter of A-B, 27 I&N Dec. 247 (A.G. 2018)
Posted on 30 Mar 2018 by Daniel M. Kowalski

A.G., Mar. 30, 2018 - The Attorney General denied the request of the Department of Homeland Security that the Attorney General suspend the briefing schedules and clarify the question presented, and he granted, in part, both parties’ request for... Read More

Tags: amicus , bia , sessions , a-b-

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018)
Posted on 7 Mar 2018 by Daniel M. Kowalski

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018) - The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular... Read More

UPDATED - Sessions Refers Administrative Closure Question to Himself: Matter of Castro Tum, 27 I&N Dec. 187 (A.G. 2018)
Posted on 5 Jan 2018 by Daniel M. Kowalski

[ UPDATE : Here is a link to the underlying unpublished BIA decision dated Nov. 27, 2017 .] Matter of Castro Tum, 27 I&N Dec. 187 (A.G. 2018) - The Attorney General referred the decision of the Board of Immigration Appeals to himself for review... Read More

Jeffrey S. Chase - The AG's Certifying of BIA Decisions (Mar. 29, 2018)
Posted on 30 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 29, 2018 - "The recent flurry of case certifications by Attorney General Jeff Sessions (he has certified four BIA decisions to himself since January) raises the question of the continued appropriateness of the practice. Certification... Read More

Matter of A-B- Amicus Brief Exposes Sessions' Lawlessness
Posted on 8 May 2018 by Daniel M. Kowalski

Jeffrey S. Chase, May 6, 2018 - "Briefs of the parties and amici have now been filed with the Attorney General in Matter of A-B- . Once again, a group of former immigration judges and BIA members, which this time numbered 16 (including myself) filed... Read More