Immigration Law

Recent Posts

Year-Long Effort by UHLC Immigration Clinic Halts Deportation of Somali Green Card Holder
Posted on 9 Aug 2018 by Daniel M. Kowalski

University of Houston Law Center, Aug. 7, 2018 - "University of Houston Law Center faculty, students and alumni working through the school's Immigration Clinic helped convince a federal judge to order an immigration court to review the case of... Read More

BIA on CIMT, Cancellation: Matter of Ortega-Lopez II
Posted on 6 Aug 2018 by Daniel M. Kowalski

Matter of Ortega-Lopez II - (1) The offense of sponsoring or exhibiting an animal in an animal fighting venture in violation of 7 U.S.C. § 2156(a)(1) (2006) is categorically a crime involving moral turpitude. Matter of Ortega-Lopez, 26 I&N Dec... Read More

BIA on Cancellation, Protection Order, Conviction: Matter of Medina-Jimenez
Posted on 7 Aug 2018 by Daniel M. Kowalski

Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018) - The categorical approach does not govern whether violating a protection order under 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), renders an... Read More

EOIR Posts OPPMs (Dec. 20, 2017)
Posted on 21 Dec 2017 by Daniel M. Kowalski

Chief Immigration Judge MaryBeth Keller released two OPPMs on Dec. 20, 2017 - OPPM 17-03 Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Alien Children OPPM 17-04 Applications for Cancellation of Removal or Suspension... Read More

Advance Copy of EOIR Final Rule: Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal
Posted on 4 Dec 2017 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 12/05/2017 - "The Department of Justice is amending the Executive Office for Immigration Review (“EOIR”) regulations governing the annual limitation on cancellation... Read More

EOIR Final Rule: Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal
Posted on 6 Dec 2017 by Daniel M. Kowalski

Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 - "The Department of Justice is amending the Executive Office for Immigration Review (‘‘EOIR’’) regulations governing the annual limitation on cancellation of... Read More

USCIS Cancels Visa Bulletin Telecon
Posted on 15 Sep 2015 by Daniel M. Kowalski

USCIS, Sept. 14, 2015 - "Teleconference Cancellation Revisions to the Visa Bulletin for Adjustment of Status Applicants Wednesday, September 16, 2015 2:00-3:00pm (Eastern) Dear Stakeholder, We thank you for your interest in this... Read More

Unpub. BIA Non-LPR Cancellation Victory: Matter of Andrade
Posted on 24 Oct 2012 by Daniel M. Kowalski

Nicolas Chavez writes: "I have attached a BIA decision that we received last month. Our client recently gave us written permission to publish it in its entirety. This is a non-LPR cancellation case. We challenged the IJ's decision on several... Read More

Cancellation Victories in Miami
Posted on 25 Jan 2012 by Daniel M. Kowalski

Joseph A. Dorta of Weston, Florida, writes: "Per your request to augment details of the two victories please note the following involving the application of the 'Extreme, Exceptional and Unusual Hardship' on USC Child(ren) standard by the... Read More

Supreme Court Upholds Matter of Escobar: Holder v. Martinez Gutierrez
Posted on 21 May 2012 by Daniel M. Kowalski

"An immigration statute, 8 U. S. C. §1229b(a), authorizes the Attorney General to cancel the removal of an alien from the United States so long as the alien satisfies certain criteria. One of those criteria relates to the length of time an alien... Read More

Unpub. BIA Cancellation Victory; Mexico; Education; Economic Conditions
Posted on 7 Jan 2012 by Daniel M. Kowalski

"The respondent, now 40 years old, testified that his family, including his five United States citizen daughters and his undocumented wife, would accompany him to Mexico, and that he finds it necessary to take his large family to the small village... Read More

BIA on Term of Confinement: Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)
Posted on 9 Dec 2015 by Daniel M. Kowalski

Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015) - A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes... Read More

EOIR OPPM 12-01: Procedures for Suspension/Cancellation Cases as Cap Approaches
Posted on 4 Feb 2012 by Daniel M. Kowalski

Operating Policies and Procedures Memorandum 12-01: Procedures on Handling Applications for Suspension/Cancellation in Non-Detained Cases Once Numbers are no Longer Available in a Fiscal Year - Feb. 3, 2012. "This Operating Policies and Procedures... Read More

Unpub. BIA Cancellation Victory
Posted on 6 Feb 2012 by Daniel M. Kowalski

Jose Quintero of Catholic Charities, Miami, won this recent victory at the BIA. Bravo! "[W]e conclude that the respondent warrants cancellation of removal as a matter of discretion. In finding that the respondent did not merit a favorable exercise... Read More