Immigration Law

Recent Posts

Reflections on Watson v. Holder: The Dog That Didn’t Bark
Posted on 22 Oct 2012 by Daniel M. Kowalski

Reflections on Watson v. Holder: The Dog That Didn’t Bark , By Laura Murray-Tjan, October 22, 2012: "The Second Circuit’s 2011 remand in Watson v. Holder , now pending before the Board of Immigration Appeals (the “Board”)... Read More

CA2 on India, Asylum, Timeliness, Credibility, Relocation: Singh v. Sessions (unpub.)
Posted on 19 Apr 2017 by Daniel M. Kowalski

Singh v. Sessions, Apr. 14, 2017 (unpub.) - "[T]he agency required Singh to definitively establish his arrival date, and ignored evidence that Singh lived in India during the year preceding his filing, which was material to whether he filed his application... Read More

CA2 on Statelessness, Motions to Reopen: Jourbina v. Holder (Unpub.)
Posted on 30 May 2013 by Daniel M. Kowalski

C. Mario Russell writes: "I am delighted to report that a stateless family’s petition for review to the Second Circuit Court of Appeals was granted and the decision of the BIA denying a motion to reopen vacated. Jourbina v. Holder 11-1540... Read More

CA2 on Physical Presence: Hernandez v. Holder
Posted on 25 Nov 2013 by Daniel M. Kowalski

"As the government concedes, the IJ made no adverse credibility determination in this case. Without such a finding, this Court assumes that Hernandez’s testimony is credible. See 8 U.S.C. § 1229a(c)(4)(C) (“[I]f no adverse credibility... Read More

CA2 on Social Group, Albania: Paloka v. Holder
Posted on 7 Aug 2014 by Daniel M. Kowalski

"The primary issue on this appeal is whether “young Albanian women” or “young Albanian women between the ages of 15 and 25" qualify as a “particular social group” for asylum purposes. 8 U.S.C. § 1101(a)(42... Read More

CA2 on CIMT: Lugo v. Holder
Posted on 9 Apr 2015 by Daniel M. Kowalski

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction... Read More

CA2 on Social Group, Cooperating Witnesses: Gashi v. Holder
Posted on 19 Dec 2012 by Daniel M. Kowalski

"Azem Gashi, a citizen of Serbia, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the oral decision of Immigration Judge (“IJ”) Alan A. Vomacka, which denied Gashi’s application... Read More

Opinion and Notice Related to all Immigration Petitions for Review Pending in the Second Circuit
Posted on 16 Oct 2012 by Daniel M. Kowalski

October 16, 2012 - "Today the United States Court of Appeals for the Second Circuit issued an opinion entitled In the Matter of Immigration Petitions for Review Pending in the United States Court of Appeals for the Second Circuit. View the opinion... Read More

CA2 on Opposition to Corruption in China as Political Opinion: Yu v. Holder
Posted on 7 Sep 2012 by Daniel M. Kowalski

"Ruqiang Yu petitions for review of a decision of the Board of Immigration Appeals that affirmed the Immigration Judge’s decision denying Yu’s application for asylum, withholding of removal, and relief under the Convention Against Torture... Read More

CA2 on False Claim, 'Purpose or Benefit' - Richmond v. Holder (UPDATED)
Posted on 30 Apr 2013 by Daniel M. Kowalski

"Petitioner Keon Richmond, a native and citizen of Trinidad and Tobago, remained in the United States beyond the term of the tourist visa which allowed his initial entry here in May 2001. When removal proceedings were brought against him, Richmond... Read More

CA2 on Evidence, Persecution: Huang v. Holder (Unpub.)
Posted on 4 Aug 2013 by Daniel M. Kowalski

"The agency’s finding that Huang did not meet his burden of proof because he failed to submit corroborating evidence is not supported by substantial evidence. Although the agency identified what evidence should have been obtained and why such... Read More

CA2 Teleconference on Thursday, Oct. 25, 2012 re Pending Immigration Petitions for Review
Posted on 24 Oct 2012 by Daniel M. Kowalski

New York attorney Theodore N. Cox is hosting: NOTICE OF CONFERENCE CALL with Catherine O'Hagan Wolfe, Clerk, Court of Appeals for the Second Circuit, concerning a new procedure for remanding pending cases for consideration of prosecutorial discretion... Read More

CA2 on Derivative Citizenship: Morales-Santana v. Lynch
Posted on 8 Jul 2015 by Daniel M. Kowalski

"Petitioner Luis Ramon Morales‐Santana seeks review of a Board of Immigration Appeals (“BIA”) decision denying his motion to reopen his removal proceedings to evaluate his claim of derivative citizenship. Under the statute in effect when... Read More

CA2 on Motion to Reopen, New Evidence: Chen v. Holder (Unpub.)
Posted on 1 May 2013 by Daniel M. Kowalski

"We remand to the BIA to reopen the proceedings to give full consideration to Chen's evidence and determine whether he has presented sufficient evidence to support an objectively reasonable fear of future persecution." - Chen v. Holder,... Read More

CA2 on Retroactivity: Centurion v. Sessions
Posted on 22 Jun 2017 by Daniel M. Kowalski

Centurion v. Sessions, June 21, 2017 - "Petitioner Charles William Centurion, a lawful permanent resident of the United States, was placed in removal proceedings after a brief 2007 trip to the Dominican Republic because of a drug offense he committed... Read More