Immigration Law

Recent Posts

Audio of CA4 En Banc Oral Argument, IRAP v. Trump (Dec. 8, 2017)
Posted on 8 Dec 2017 by Daniel M. Kowalski

Audio of CA4 En Banc Oral Argument, IRAP v. Trump (Dec. 8, 2017) En Banc Panel: Chief Judge Roger L. Gregory Judge Paul V. Niemeyer Judge Diana Gribbon Motz Judge William B. Traxler, Jr. Judge Robert B. King Judge Dennis W. Shedd Judge G. Steven... Read More

CA4 on Asylum, Changed Circumstances - Romero Zambrano v. Sessions
Posted on 6 Dec 2017 by Daniel M. Kowalski

Romero Zambrano v. Sessions, Dec. 5, 2017 - "This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may... Read More

CA4 on CIMT: Ramirez v. Sessions
Posted on 18 Apr 2018 by Daniel M. Kowalski

Ramirez v. Sessions - "Jose Ramirez seeks review of the decision of the Board of Immigration Appeals (BIA) finding him ineligible for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Specifically... Read More

CA4 on Honduras, MS-13, Nexus - Salgado-Sosa v. Sessions
Posted on 19 Feb 2018 by Daniel M. Kowalski

Salgado-Sosa v. Sessions, Feb. 13, 2018 - "Reynaldo Salgado-Sosa, a native and citizen of Honduras, seeks asylum, withholding of removal, and protection under the Convention Against Torture. If he is returned to Honduras, he fears, he will face persecution... Read More

UT Law Prof. Stephen Vladeck Previews the CA4 Oral Argument on the Travel Ban
Posted on 8 May 2017 by Daniel M. Kowalski

C-SPAN, May 8, 2017 - " Stephen Vladeck previewed the Fourth Circuit Court of Appeals oral argument on the Trump Administration’s revised travel ban executive order issued in March 2017. The court was considering an appeal of a Maryland U.S... Read More

CA4 Public Advisory #2 – Real-Time Audio and Audio File of May 8, 2017, Oral Argument in No. 17-1351, International Refugee Assistance Project v. Trump
Posted on 5 May 2017 by Daniel M. Kowalski

UNITED STATES COURT of APPEALS for the FOURTH CIRCUIT Public Advisory #2 – Real-Time Audio and Audio File of May 8, 2017, Oral Argument in No. 17-1351, International Refugee Assistance Project v. Trump April 26, 2017 Case Information... Read More

CA4 on Categorical Approach, Theft, Embezzlement: Mena v. Lynch
Posted on 28 Apr 2016 by Daniel M. Kowalski

Mena v. Lynch, Apr. 27, 2016 - "Common sense suggests that knowingly receiving either stolen or embezzled property – i.e., the offense set forth in the second paragraph of § 659 - is a form of theft. See, e.g., United States v. Johnson... Read More

CA4 Guts Persecutor Bar Test in Matter of A-H-: Haddam v. Holder
Posted on 5 Dec 2013 by Daniel M. Kowalski

"[T]he Attorney General formulated a new definition of the persecutor bar based on Mr. Haddam’s case. Under the new rule, an individual who is the leader of a political group that has ties with an armed group is denied withholding if there... Read More

CA4 on Standard of Review: Upatcha v. Sessions
Posted on 22 Feb 2017 by Daniel M. Kowalski

Upatcha v. Sessions, Feb. 22, 2017 - "Facing deportation, petitioner Juraluk Upatcha, a citizen of Thailand, sought a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a United States citizen had ended... Read More

CA4 on Aggravated Felony: Larios-Reyes v. Lynch
Posted on 6 Dec 2016 by Daniel M. Kowalski

Larios-Reyes v. Lynch, Dec. 6, 2016 - "We find that the BIA erred as a matter of law and hold that Larios-Reyes’s conviction does not constitute the aggravated felony of “sexual abuse of a minor” under the INA because Maryland Criminal... Read More

CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder
Posted on 4 Apr 2012 by Daniel M. Kowalski

"Based on Petitioner’s conviction for an aggravated felony, the United States sought to remove him pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA). The immigration judge ("IJ") denied Petitioner... Read More

CA4 on INA Sec. 360: Patel v. Napolitano
Posted on 25 Jan 2013 by Daniel M. Kowalski

"Kamal Patel, a permanent resident alien and federal inmate, appeals the dismissal of his action under 8 U.S.C. § 1503(a) for a judgment declaring him a United States national. Patel alleges that he is a United States national because he applied... Read More

CA4 on Local Enforcement of Federal Immigration Law: Santos v. Frederick County
Posted on 12 Aug 2013 by Daniel M. Kowalski

"[W]e hold that, absent express direction or authorization by federal statute or federal officials, state and local law enforcement officers may not detain or arrest an individual solely based on known or suspected civil violations of federal immigration... Read More

CA4 on Misrepresentation, More: Yang v. Holder
Posted on 29 Oct 2014 by Daniel M. Kowalski

Multiple errors by the BIA on multiple issues. Please read the case in full. Excellent lawyering by Joshua Bardavid ! - Yang v. Holder, Oct. 29, 2014 . Read More

Two Big Asylum Cases at 4th Circuit This Week
Posted on 29 Oct 2013 by Daniel M. Kowalski

"This week, the U.S. Court of Appeals for the Fourth Circuit, the federal appellate court which sets federal law in Maryland, Virginia, West Virginia and the Carolinas, will hear two cases regarding U.S. asylum law. In Temu v. Holder and Martinez... Read More