Immigration Law

Recent Posts

CA9 on Cancellation, Pre-Trial Detention: Troncoso-Oviedo v. Garland
Posted on 5 Aug 2022 by Daniel M. Kowalski

Troncoso-Oviedo v. Garland "The question before us is whether pretrial detention that is not credited toward a defendant’s sentence is confinement “as a result of conviction.” See 8 U.S.C. § 1101(f)(7). We hold that it is... Read More

Unpub. CA3 Remand: Cruz-Garcia v. Garland
Posted on 31 Mar 2022 by Daniel M. Kowalski

Cruz-Garcia v. Garland "Jose Manuel Cruz-Garcia petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal from an Immigration Judge's ("IJ") order denying cancellation of removal... Read More

CA11 on Controlled Substances: Said v. Garland
Posted on 24 Mar 2022 by Daniel M. Kowalski

Said v. Garland "[W]e conclude that the BIA and IJ erred in finding that Said was ineligible for cancellation of removal. By the plain language of § 893.02(3), not all substances that it proscribes are federally controlled. Section 893.02... Read More

BIA on NACARA: Matter of Hernandez-Romero
Posted on 10 Aug 2021 by Daniel M. Kowalski

Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021) Section 240A(c)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(c)(6) (2018), bars an applicant, who has previously been granted special rule cancellation of removal under the... Read More

For Undocumented Immigrants, a Shot at Lawful Residency Requires Risking It All
Posted on 19 Jan 2021 by Daniel M. Kowalski

Yilun Cheng, Borderless Magazine, Jan. 13, 2021 "In the spring of 2015, Jesus Santos walked into the Immigration and Customs Enforcement office in Oakbrook Terrace to turn himself in to authorities. It was a risky move for an undocumented immigrant... Read More

CA9 on CIMT, Cancellation: Ortega-Lopez IV
Posted on 21 Oct 2020 by Daniel M. Kowalski

Ortega-Lopez v. Barr "Ortega-Lopez, a native and citizen of Mexico, petitions for review of a ruling by the Board of Immigration Appeals (BIA) [ Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) ] that he was ineligible for cancellation of... Read More

Pereida v. Barr Argument Analysis: Kate Evans
Posted on 19 Oct 2020 by Daniel M. Kowalski

Kate Evans, Oct. 19, 2020 "On Wednesday, the Supreme Court heard oral argument in Pereida v. Barr , an effort by Clemente Pereida, who has lived in the United States without authorization for nearly 25 years, to avoid mandatory deportation by presenting... Read More

CA10 on Cancellation: Real-Mendoza v. Barr
Posted on 15 Oct 2020 by Daniel M. Kowalski

Real-Mendoza v. Barr "[T]he Board erred in deeming Mr. Real-Mendoza ineligible for cancellation of removal based on the stop-time rule. Mr. Real-Mendoza had resided continuously in the United States for at least ten years, so the agency shouldn’t... Read More

Matter of Voss, 28 I&N Dec. 107 (BIA 2020)
Posted on 8 Oct 2020 by Daniel M. Kowalski

Matter of Voss, 28 I&N Dec. 107 (BIA 2020) If a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality... Read More

Prof. Nancy Morawetz: The Illogic and Cruelty of Barton v. Barr
Posted on 23 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 23, 2020 "Today’s Supreme Court decision in Barton v. Barr (see also here ), is disappointing on many levels. It ignores congressional intent and closes off relief for long term lawful permanent residents (LPRs... Read More

Supreme Court on Cancellation: Barton v. Barr (5-4)
Posted on 23 Apr 2020 by Daniel M. Kowalski

Barton v. Barr [Maj. Op.] "Barton argues that the BIA and the Eleventh Circuit misinterpreted the statute. He contends that the §1182(a)(2) offense that precludes cancellation of removal must be one of the offenses of removal. We disagree... Read More

BIA on Hardship: Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)
Posted on 31 Mar 2020 by Daniel M. Kowalski

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of... Read More

CA3 on VAWA Cancellation: Ramos da Silva v. Atty. Gen.
Posted on 24 Jan 2020 by Daniel M. Kowalski

Ramos da Silva v. Atty. Gen. "Appellant Ludimilla Ramos Da Silva petitions for review of her final order of removal. She contends that the Board of Immigration Appeals erred when it concluded that her convictions for assaulting her husband’s... Read More

CA5 Vacates Flores-Abarca
Posted on 19 Aug 2019 by Daniel M. Kowalski

Flores-Abarca v. Barr "[W]e hold that the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not one of the firearms offenses listed under 8 U.S.C. § 1227(a)(2)(C). Accordingly, this conviction does not disqualify... Read More

En Banc CA9 Overrules Young v. Holder: Marinelarena v. Sessions
Posted on 19 Jul 2019 by Daniel M. Kowalski

Marinelarena v. Sessions "We must decide whether, in the context of eligibility for cancellation of removal under 8 U.S.C. § 1229b(b), a record that is ambiguous as to whether a state law conviction constitutes a predicate offense that would... Read More