Immigration Law

Recent Posts

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

CA2 on Egregious 4th Am. Violation: Zuniga-Perez v. Sessions
Posted on 25 Jul 2018 by Daniel M. Kowalski

Zuniga-Perez v. Sessions - "Petitioners Juan Martin Zuniga‐Perez and Elder Hernandez‐Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the ʺBIAʺ) affirming a February 24, 2016, decision of an immigration judge... Read More

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

CA2 on Credibility: Gao v. Sessions, Shao v. Sessions
Posted on 2 Jun 2018 by Daniel M. Kowalski

Gao v. Sessions, Shao v. Sessions, May 25, 2018 - "These petitions for review heard in tandem challenge two decisions of the Board of Immigration Appeals (the ʺBIAʺ), affirming decisions by two Immigration Judges (ʺIJsʺ), denying asylum, withholding... Read More

CA2 on Retroactivity: Obeya v. Sessions
Posted on 9 Mar 2018 by Daniel M. Kowalski

Obeya v. Sessions, Mar. 8, 2018 - "Clement Obeya, a lawful permanent resident of the United States, was convicted of petit larceny under New York law. The government sought to remove Obeya for his conviction, treating it as a “crime involving... Read More

CA2 on Duty of Court to Warn of Immigration Consequences: U.S. v. Gonzales
Posted on 13 Mar 2018 by Daniel M. Kowalski

U.S. v. Gonzales - "Defendant‐Appellant Winifredo Gonzales appeals from a judgment of conviction in the United States District Court for the Western District of New York (Geraci, C.J.), arguing that his guilty plea was not knowingly entered. During... Read More

CA2 on Categorical Approach, CAT - Doe v. Sessions
Posted on 29 Mar 2018 by Daniel M. Kowalski

Doe v. Sessions, Mar. 29, 2018 - "Petitioner John Doe seeks review of an April 13, 2016 judgment of the Bureau of Immigration Appeals dismissing his appeal from an October 22, 2015 decision of an Immigration Judge ordering Doe’s removal and... Read More

CA2 Salvadoran Asylum Remand Victory: Zelaya de Ceron v. Lynch (unpub.)
Posted on 4 May 2016 by Daniel M. Kowalski

Zelaya de Ceron v. Lynch, May 4, 2016, unpub. - "The sole issue on appeal is whether substantial evidence supports the agency’s determination that the Petitioners failed to show that the Salvadoran government is unable or unwilling to control... Read More

CA2 on 'Found In' - USA v. Vasquez Macias
Posted on 14 Jan 2014 by Daniel M. Kowalski

"Defendant Walter Yovany Vasquez Macias appeals from a judgment of the United States District Court for the Western District of New York (Richard Arcara, Judge), in which he was convicted after a jury trial of being “found in” the United... Read More

Habeas Victory in New York: Guerra v. Shanahan
Posted on 2 Aug 2016 by Daniel M. Kowalski

Guerra v. Shanahan , July 29, 2016 - "Appeal from a judgment of the United States District Court for the Southern District of New York (Wood, J.) granting Petitioner‐Appellee Deyli Noe Guerra’s petition for a writ of habeas corpus and ordering... Read More

CA2 Slaps OIL for PD Posture: Akinsade v. Holder
Posted on 1 May 2012 by Daniel M. Kowalski

"[W]e pause to express a concern, unrelated to the grounds on which we resolve this appeal. At argument, we asked the government, for informational purposes, whether Akinsade’s case might be one in which relief from prosecution would be exercised... Read More

CA2 Commands BIA to Issue Precedential Decision on Material Support Bar, Duress Exception: Ay v. Holder
Posted on 20 Feb 2014 by Daniel M. Kowalski

"We find no error in the agency’s factual conclusion that Ay provided material support to a terrorist organization. We remand, however, to permit the BIA to address in a precedential decision whether the Immigration and Nationality Act (the... Read More

CA2 on 212(h) - Husic v. Holder
Posted on 8 Jan 2015 by Daniel M. Kowalski

"Petition for review of a Board of Immigration Appeals (“BIA”) decision ordering the petitioner’s removal, denying his request for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act, 8 U.S.C.... Read More

CA2 on CIMT, Mens Rea: Efstathiadis v. Holder
Posted on 22 May 2014 by Daniel M. Kowalski

"Under federal immigration law, Efstathiadis’ removal turns on whether the crime he was convicted of—C.G.S. § 53a‐73a(a)(2)—is a CIMT. The answer to that question, in turn, implicates the level of mens rea applicable to C.G... Read More

CA2 on Evidence: Indradjaja v. Holder
Posted on 9 Dec 2013 by Daniel M. Kowalski

"The BIA denied Indradjaja’s motion to reopen because she had not submitted an affidavit in support of the new evidence she proffered, and because she had not submitted copies of the sources on which her expert relied, it refused to consider... Read More