Immigration Law

Recent Posts

CA9 on Nicaragua, Social Group, Torture, Persecution: Davila v. Barr
Posted on 10 Aug 2020 by Daniel M. Kowalski

Davila v. Barr "Carla Patricia Davila petitions for review of a Board of Immigration Appeals (“BIA”) order affirming the denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture ... Read More

CA3 on Persecution: Blanco v. Atty. Gen.
Posted on 25 Jul 2020 by Daniel M. Kowalski

Blanco v. Atty. Gen. "Ricardo Javier Blanco, a citizen of Honduras, is a member of Honduras’s Liberty and Refoundation (“LIBRE”) Party, an anti-corruption political party that opposes the current Honduran president. After participating... Read More

CA9 on CAT, Mexico, Zetas, LGBTQ: Xochihua-Jaimes v. Barr
Posted on 26 Jun 2020 by Daniel M. Kowalski

Xochihua-Jaimes v. Barr "Substantial evidence does not support the BIA’s determination that Petitioner failed to meet her burden of proof under CAT that she would more likely than not be tortured, with the consent or acquiescence of a public... Read More

Tags: torture , cat , Mexico , zetas , LGBT

CA8 on CAT, Somalia, Standard of Review: Kassim v. Barr
Posted on 3 Apr 2020 by Daniel M. Kowalski

Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif... Read More

CA2 on Jurisdiction, CAT, Jamaica: Manning v. Barr
Posted on 31 Mar 2020 by Daniel M. Kowalski

Manning v. Barr "We hold that the jurisdictional provision in 8 U.S.C. § 1252(a)(2)(C), which limits this Court’s jurisdiction, applies only to cases where the Immigration Judge (“IJ”) has found a petitioner removable based... Read More

CA9 on CAT, Mexico: Guerra v. Barr
Posted on 3 Mar 2020 by Daniel M. Kowalski

Guerra v. Barr "Jose Eduardo Guerra (“Guerra”), a citizen and national of Mexico, petitions for review of an adverse decision by the Board of Immigration Appeals (“BIA”). At issue is Guerra’s application for deferral... Read More

Jeffrey S. Chase: The Real Message of Matter of R-A-F-
Posted on 2 Mar 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 1, 2020 "On February 26, the Attorney General (or more likely, someone authorized to speak on his behalf) issued a precedent decision in Matter of R-A-F - . My take on the import of this decision seems to be different than... Read More

CA3 on Agg. Fel., CAT, El Salvador: Quinteros v. Atty. Gen.
Posted on 17 Dec 2019 by Daniel M. Kowalski

Quinteros v. Atty. Gen. "The Board of Immigration Appeals found that Nelson Quinteros committed an aggravated felony and failed to show entitlement to relief under the Convention Against Torture (CAT). Quinteros argues that the Board committed... Read More

CA9 on Asylum, Withholding, CAT, El Salvador, FMLN, Mara Salvatrucha: Quiroz Parada v. Sessions
Posted on 30 Aug 2018 by Daniel M. Kowalski

Quiroz Parada v. Sessions - "Moris Alfredo Quiroz Parada fled his native El Salvador in 1991 at the age of seventeen after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí... Read More

CA7 on CAT, Mexico, Fear of Torture by Zetas: Rivas-Peña v. Sessions
Posted on 23 Aug 2018 by Daniel M. Kowalski

Rivas-Peña v. Sessions - "Pedro Rivas-Pena has been a lawful permanent resident of the United States and is a citizen of Mexico. He faces removal to Mexico because of a state drug trafficking conviction. He has applied for deferral of removal... 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

Unpub. BIA Nicaraguan CAT Victory (Dec. 1, 2017)
Posted on 18 Dec 2017 by Daniel M. Kowalski

"The applicant, a native and citizen of Nicaragua, appeals from an Immigration Judge's decision, dated June 8, 2017, denying his application for deferral of removal under the Convention Against Torture (Convention), 8 C.F.R. § 1208.17. The... Read More

CA2 on Categorical Approach, CAT - Doe v. Sessions
Posted on 29 Mar 2018 by Daniel M. Kowalski

Doe v. Sessions, Mar. 29, 2018 - "Petitioner John Doe seeks review of an April 13, 2016 judgment of the Bureau of Immigration Appeals dismissing his appeal from an October 22, 2015 decision of an Immigration Judge ordering Doe’s removal and... Read More

Matter of J-C-H-F-: An Interesting Omission - Jeffrey S. Chase
Posted on 5 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 2, 2018 - "In its decisions involving claims for protection under Article III of the U.N. Convention Against Torture, the BIA defines “government acquiescence” to include “willful blindness” by government... Read More

CA7 (Posner) on Mexico, CAT, Zetas - Rodriguez-Molinero v. Lynch
Posted on 17 Dec 2015 by Daniel M. Kowalski

Rodriguez-Molinero v. Lynch, Dec. 17, 2015 - "If the Mexican government could be expected to protect the petitioner from the Zetas should he be returned to Mexico, the risk that he would be tortured or killed might be too slight to entitle him to... Read More