Immigration Law

Recent Posts

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

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

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

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

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

Cornell Immigration Clinic Wins Interesting CAT Case
Posted on 15 Jul 2015 by Daniel M. Kowalski

"From 2007 to 2010, Naskovets was an identity thief — the voice on the phone that explained questionable purchases to banks and gave final approval for fraudulent wire transfers. He didn’t convince every agent; about a third of the time... Read More

Unpub. BIA CAT/Withholding Remand Victory; Mexico, Transgender (July 6, 2017)
Posted on 13 Jul 2017 by Daniel M. Kowalski

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "Our Cornell asylum/ CAT appeals clinic just won a BIA remand in a case involving a transgender person from Mexico. A summary of the case and a redacted version... Read More

Third Circuit on CAT, acquiescence, Colombia: Pieschacon-Villegas
Posted on 5 Dec 2011 by Daniel M. Kowalski

"The BIA decision does not show that the Board considered 'all evidence relevant to the possibility of future torture.' ... The BIA did not explicitly deem clearly erroneous the IJ's finding of credibility regarding Pieschacon-Villegas's... Read More

San Diego IJ CAT Victory: Mexico, Mental Illnesses
Posted on 13 May 2013 by Daniel M. Kowalski

Hats off to Cleveland attorney Anna Markovich , who represented the respondent pro bono at the BIA and as amicus curiae on remand. - "Upon a thorough evaluation of all the evidence and after very careful consideration of the BIA remand Order, the... Read More

Somali CAT Victory in Arlington Immigration Court
Posted on 28 Sep 2013 by Daniel M. Kowalski

Hassan Ahmad writes: "We would like to share a CAT victory won for a Somali national . Judge Harris of the Arlington, VA Immigration Court agreed with our argument that a young, Americanized male of Somali origin would be subjected to torture within... Read More

CA5 on CAT, Mexico, Willful Blindness, Color of Law - Iruegas-Valdez v. Yates
Posted on 24 Jan 2017 by Daniel M. Kowalski

Iruegas-Valdez v. Yates, Jan. 23, 2017 - ""[W]illful blindness” is not the only way to prove sufficient state action. The regulations specifically list a number of different avenues which the BIA failed to consider: torture occurs whenever... Read More

CA3 on CAT, Jamaica: Roye v. Atty. Gen.
Posted on 10 Sep 2012 by Daniel M. Kowalski

"Roye asserts that he is entitled to deferral of removal under the United Nations Convention Against Torture (“CAT”) because, if removed to his home country, he will likely be imprisoned and, with the consent or acquiescence of the Jamaican... Read More

CA9 on Categorical Approach, CAT: Quijada-Aguilar v. Lynch
Posted on 1 Sep 2015 by Daniel M. Kowalski

Court Staff Summary : "The panel granted Walter Quijada-Aguilar’s petition for review of the Board of Immigration Appeals’ denial of his applications for withholding of removal under the Immigration and Nationality Act and the Convention... Read More