Immigration Law

Recent Posts

CA10 on CIMT, 212(h) Waiver - Obregon de Leon v. Lynch
Posted on 24 Dec 2015 by Daniel M. Kowalski

Obregon de Leon v. Lynch, Dec. 22, 2015 - "We affirm the Board’s determination that Mr. Obregon is removable because his conviction for possession of stolen vehicles constitutes a crime involving moral turpitude. However, Mr. Obregon is statutorily... Read More

CA10 on Nepal; Asylum, Withholding, CAT: Raj Karki v. Holder
Posted on 30 Apr 2013 by Daniel M. Kowalski

"The agency’s decision to deny Petitioner’s claims for asylum and restriction on removal cannot be upheld on any of the grounds given by the BIA. ... The record as a whole simply does not support the BIA’s conclusion that Petitioner... Read More

CA10 on Chevron, Brand X and Retroactivity: Gutierrez-Brizuela v. Lynch
Posted on 23 Aug 2016 by Daniel M. Kowalski

Gutierrez-Brizuela v. Lynch, Aug. 23, 2016 - "Hugo Gutierrez-Brizuela applied for adjustment of status in reliance on our decision in Padilla-Caldera I during the period it remained on the books. About that much there is no dispute. But unlike Mr... Read More

CA10 on INA Sec. 237(a)(2)(E)(i): Ibarra v. Holder
Posted on 2 Jul 2013 by Daniel M. Kowalski

"Elia Ibarra Rivas petitions for review of a Board of Immigration Appeals decision that found her Colorado conviction for “child abuse – negligence – no injury” to categorically constitute a “crime of child abuse, child... Read More

CA10 on H-2B, Improper Delegation: Daniels v. Perez
Posted on 3 Sep 2015 by Daniel M. Kowalski

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing... Read More

CA10 on Briones, Brand X and Retroactivity: De Niz Robles v. Lynch
Posted on 21 Oct 2015 by Daniel M. Kowalski

"[W]e take heart from the fact that the only other circuit to have considered the competing factors at play in a case like our own has reached the same judgment we do. In Acosta-Olivarria, the Ninth Circuit employed its version of the Stewart Capital... Read More

CA10 on 'When...Released' - Olmos v. Holder (Mandatory Detention)
Posted on 24 Mar 2015 by Daniel M. Kowalski

"For aliens, a criminal conviction can often result in removal (deportation). When an alien is convicted and the federal government seeks removal, an immigration judge can ordinarily conduct a bond hearing to decide whether the alien should be released... Read More

CA10 on Choice of Law, 212(h): Medina-Rosales v. Holder
Posted on 24 Feb 2015 by Daniel M. Kowalski

"Mr. Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ indeed held video conference hearings with Mr. Medina-Rosales and his counsel, who were in Tulsa. ... The IJ’s... Read More

CA10 (unpub.) on Nepal, Maoists, Persecution: Sherpa v. Holder
Posted on 16 Aug 2013 by Daniel M. Kowalski

"Mr. Sherpa argues that the IJ erred in failing to find a nexus between his past persecution—specifically the severe beating and frequent death threats—and his political opinion. Mr. Sherpa alleges that as a result, the IJ erred in concluding... Read More

Utah Woman Faces Deportation After Losing Appeal
Posted on 13 May 2012 by Daniel M. Kowalski

"Kairi Shepherd was an orphan living in India when a Utah woman adopted her in 1982 — a seemingly good turn of luck for the 3-month-old, which included her obtaining legal permanent resident status in the United States. But when she was... Read More