Immigration Law

Recent Posts

BIA on Procedure, Relief: Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)
Posted on 21 Jan 2018 by Daniel M. Kowalski

Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018) (1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation... Read More

Jeffrey S. Chase: Honor Killings and Particular Social Group
Posted on 4 Dec 2017 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies... Read More

BIA on Social Group, Ghana (Unpub.)
Posted on 21 Nov 2013 by Daniel M. Kowalski

"[R]espondent claims that he belongs to a particular social group consisting of individuals from Ghana who suffer from severe mental illnesses, such as bipolar disorder, and are indigent and lack family support. ... We conclude, based on the record... Read More

Unpub. BIA on Asylum, Mexico, Social Group, Gender Identity: Matter of M-G-O-
Posted on 23 Mar 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a particular social group consisting of effeminate... Read More

Unpub. BIA Withholding Victory, Particular Social Group, Witness Testified Against Gang Members
Posted on 31 Dec 2014 by Daniel M. Kowalski

Sarah K. Bazzi writes: "I retained a client for ERO representation and did a FOIA. It turns out that the IJ had granted my client withholding and DHS had appealed. Coincidentally, my alma mater, the University of Hawaii William S. Richardson School... Read More

Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group
Posted on 1 Nov 2011 by Daniel M. Kowalski

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances... Read More

BIA on Particular Social Group, Guatemala: Matter of A-R-C-G-
Posted on 26 Aug 2014 by Daniel M. Kowalski

Official Headnote: Depending on the facts and evidence in an individual case, “married women in Guatemala who are unable to leave their relationship” can constitute a cognizable particular social group that forms the basis of a claim for asylum... Read More

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico
Posted on 26 Apr 2016 by Daniel M. Kowalski

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude... Read More

Unpub. BIA Asylum Remand Victory; Iraq, Social Group, Immutability
Posted on 15 Sep 2015 by Daniel M. Kowalski

"In the instant case, the Immigration Judge found that the respondent's proposed social group lacks an immutable characteristic. However, the past experience of having cooperated or worked with Americans or American entities or organizations... Read More

Unpub. BIA Asylum Remand Victory: Honduras, Social Group
Posted on 1 Dec 2014 by Daniel M. Kowalski

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014)... Read More

New BIA Precedent Decisions on Social Group, Social Visibility
Posted on 7 Feb 2014 by Daniel M. Kowalski

Both on Feb. 7, 2014: Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) - (1) In order to clarify that the “social visibility” element required to establish a cognizable “particular social group” does not mean literal or “ocular”... Read More