Immigration Law

Recent Posts

CA4 on Social Group, Former (MS-13) Gang Membership: Martinez v. Holder
Posted on 23 Jan 2014 by Daniel M. Kowalski

"[W]e conclude that the BIA erred as a matter of law in its interpretation of the phrase “particular social group” by holding that former gang membership is not an immutable characteristic of a particular social group for purposes of... Read More

CA4 on Social Distinction / Social Group: Oliva v. Lynch
Posted on 27 Nov 2015 by Daniel M. Kowalski

Oliva v. Lynch, Nov. 25, 2015 - "We conclude that the BIA erred by interpreting the nexus requirement too narrowly, and that Oliva successfully demonstrated that membership in his proposed social groups was at least one central reason for his persecution... Read More

CA4 on Tanzania, Mental Illness, Social Group: Temu v. Holder
Posted on 17 Jan 2014 by Daniel M. Kowalski

"Tumaini Temu is a Tanzanian national who suffers from severe bipolar disorder. In his home country, Mr. Temu was tortured by nurses and prison guards because of his illness. After entering the United States, he applied for asylum, arguing that he... Read More

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch
Posted on 1 May 2015 by Daniel M. Kowalski

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate... Read More