Immigration Law

Recent Posts

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

CA4 on Asylum, El Salvador, MS-13, Mara 18: Aquino Cordova v. Holder
Posted on 18 Jul 2014 by Daniel M. Kowalski

"Aquino offered evidence that MS-13 subsequently killed his cousin, Vidal, and had previously killed his uncle, both of whom were members of Mara 18. We cannot agree with the Government’s characterization of this evidence as describing nothing... Read More

CA4 Overrules Matter of Koljenovic: Leiba v. Holder
Posted on 9 Nov 2012 by Daniel M. Kowalski

Ben Winograd writes: "I thought I’d pass along this just-issued opinion from the 4th Circuit on the aggravated felony bar in 212(h). It’s the same issue that has already been favorably resolved by Hanif v. Attorney Gen., No. 11-2643,... Read More

CA4 Rides Rojas Shark Over Reason's Hurdle: Hosh v. Lucero
Posted on 29 May 2012 by Daniel M. Kowalski

"We hold that the BIA’s interpretation of § 1226(c) in Rojas was reasonable, and must be afforded deference. Moreover, the Government’s supposed failure to comply with a statutory immediacy requirement—when the statute does... Read More

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 Slavery (TVPA, FLSA) - Cruz v. Maypa
Posted on 2 Dec 2014 by Daniel M. Kowalski

"Cruz alleges that she was forced to work for the defendants for wages well below the minimum from 2002 until her escape in 2008. The district court dismissed all of her claims as time-barred. We affirm the district court’s dismissal of Cruz’s... Read More

CA4 on Credibility: Ilunga v. Holder (BIA 'manifests a basic misunderstanding of the human condition')
Posted on 28 Jan 2015 by Daniel M. Kowalski

"Faustin Mukadi Ilunga, a citizen of the Democratic Republic of the Congo, appeals the denial of his application for asylum and protection under the Convention Against Torture (“CAT”). We hold that the rejection of Ilunga’s asylum... Read More

CA4 on CIMT: Mohamed v. Holder
Posted on 20 Oct 2014 by Daniel M. Kowalski

"Because Mohamed’s 2011 conviction for failure to register as a sex offender, in violation of Va. Code Ann. § 18.2-472.1, was not a crime involving moral turpitude, the BIA erred as a matter of law in relying on that conviction as a basis... Read More

Matter of U. Singh Remanded
Posted on 24 Oct 2013 by Daniel M. Kowalski

"This case is before us instantly pursuant to a remand from the United States Court of Appeals for the Fourth Circuit filed on July 5, 2012. ... In our published decision, Matter of U. Singh , [25 I&N Dec. 670 (BIA 2012)] we reached two main... Read More

CA4 on Entry, Official Restraint: De Leon v. Holder
Posted on 31 Jul 2014 by Daniel M. Kowalski

"[A] finding that De Leon entered free from official restraint would qualify him for cancellation of removal -- an outcome the government opposes. The BIA cannot apply its official-restraint standard broadly when broadness favors the government’s... Read More

CA4 on Coram Nobis, Ineffective Assistance: U.S. v. Akinsade
Posted on 27 Jul 2012 by Daniel M. Kowalski

"Appellant Temitope Akinsade appeals the district court’s denial of his petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651 claiming that he was denied effective assistance of counsel when he plead guilty to embezzlement... Read More

CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria
Posted on 15 Jan 2014 by Daniel M. Kowalski

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore... 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

CA4 on Retroactivity, Stop-Time Rule: Jaghoori v. Holder
Posted on 19 Nov 2014 by Daniel M. Kowalski

"When Petitioner pled guilty to credit card theft in 1995, his conviction did not foreclose his opportunity to qualify for discretionary relief. Petitioner continued to accrue the seven years of unrelinquished domicile necessary for a section 212... Read More

CA4 on Adopted Children: Ojo v. Lynch
Posted on 18 Feb 2016 by Daniel M. Kowalski

Ojo v. Lynch, Feb. 16, 2016 - "Adebowale Oloyede Ojo, a native of Nigeria and the adopted son of a United States citizen, petitions for review of the decision of the Board of Immigration Appeals (the “BIA”) denying a motion to reopen... Read More