Immigration Law

Recent Posts

CA6 on Asylum, Waiver, Jurisdiction: Hussam F. v. Sessions
Posted on 27 Jul 2018 by Daniel M. Kowalski

Hussam F. v. Sessions - "Four years ago, Petitioner came to the United States on a K-1 fiancé visa, using a Syrian passport. Although he was a Syrian citizen, his family had fled Syria decades ago to escape persecution. Petitioner therefore... Read More

CA6 on Mexico, Asylum, CAT: Trujillo Diaz v. Sessions
Posted on 18 Jan 2018 by Daniel M. Kowalski

Trujillo Diaz v. Sessions, Jan. 17, 2018 - "In this immigration case, Maribel Trujillo Diaz petitions for review of an order denying her motion to reopen removal proceedings. The United States Board of Immigration Appeals (“BIA”) ruled... Read More

CA6 on Jordan, CAT, Honor Killing: Kamar v. Sessions
Posted on 20 Nov 2017 by Daniel M. Kowalski

Kamar v. Sessions, Nov. 17, 2017 - "The issue is whether a woman who will either be subject to an “honor killing,” or alternatively, “protective custody” in Jordan is entitled to relief. For the reasons set forth below, we... Read More

Federal Appeals Court: Term 'Alien' is 'Offensive and Demeaning'
Posted on 5 Jun 2013 by Daniel M. Kowalski

"We recognize that using the term “alien” to refer to other human beings is offensive and demeaning. We do not condone the use of the term and urge Congress to eliminate it from the U.S. Code." - Footnote 1, Flores, et al. v. USCIS... Read More

CA6 on Timely Retraction: Ruiz Del Cid v. Holder
Posted on 29 Aug 2014 by Daniel M. Kowalski

"The BIA’s decision at issue here, with precious little explanation, concludes Ruiz could not benefit from the retraction exception because he had “delayed retraction of his false testimony before the asylum officer for 4 years.”... Read More

CA6 on NACARA, Burden of Proof: Lopez v. Sessions
Posted on 22 Mar 2017 by Daniel M. Kowalski

Lopez v. Sessions, Mar. 21, 2017 - "Marcial Lopez, a native and citizen of Guatemala, contests a decision by the Board of Immigration Appeals that prohibits him from staying in this country. Under the immigration laws, it usually counts against the... Read More

CA6 Equitable Tolling Remand: Mendoza v. Lynch (Unpub.)
Posted on 28 Apr 2016 by Daniel M. Kowalski

Mendoza v. Lynch, Apr. 28, 2016 - "Here, the BIA concluded that Mendoza was not diligent before or after she learned of Chavez’s alleged ineffectiveness. But the BIA’s reasons for concluding that Mendoza failed to establish diligence... Read More

CA6 on Iraq, Chaldean Christians, Asylum, Misrepresentation: Yousif v. Lynch
Posted on 7 Aug 2015 by Daniel M. Kowalski

"Because the IJ did not determine whether, at the time that Yousif submitted his application, contemporary conditions in Iraq were so dangerous for Chaldean Christians that Yousif would have been eligible for asylum based solely upon his religion... Read More

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder
Posted on 24 Mar 2015 by Daniel M. Kowalski

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written... Read More

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL
Posted on 20 Aug 2014 by Daniel M. Kowalski

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics... Read More

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder (unpub.)
Posted on 21 Jan 2015 by Daniel M. Kowalski

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written... Read More

CA6 on Crime of Violence, Void for Vagueness - Shuti v. Lynch
Posted on 8 Jul 2016 by Daniel M. Kowalski

Shuti v. Lynch, July 7, 2016 - "In Johnson v. United States, 135 S. Ct. 2551 (2015), the Supreme Court held the Armed Career Criminal Act’s residual definition of “violent felony” void for vagueness. 18 U.S.C. § 924(e)(2)(B... Read More

CA6 on Credibility: Marouf v. Lynch
Posted on 7 Jan 2016 by Daniel M. Kowalski

Marouf v. Lynch, Jan. 6, 2015 - "In this immigration case, petitioners Nancy Marouf, Saed Marouf, and Naheda Marouf seek review of the Board of Immigration Appeals’ order affirming the decision of an Immigration Judge denying their applications... Read More

CA6 on Asylum, Germany, Homeschooling: Romeike v. Holder
Posted on 14 May 2013 by Daniel M. Kowalski

"There is a difference between the persecution of a discrete group and the prosecution of those who violate a generally applicable law. As the Board of Immigration Appeals permissibly found, the German authorities have not singled out the Romeikes... Read More

CA6 on Natz. Exhaustion, Jurisdiction: Shweika v. DHS
Posted on 25 Jul 2013 by Daniel M. Kowalski

"For the past nine years, Mazen Shweika (“Shweika”) has prosecuted a single application for naturalization before both the United States Citizenship and Immigration Services (“USCIS”) and the U.S. District Court for the Eastern... Read More