Immigration Law

Recent Posts

CA11 on Future Persecution, CAT: Jathursan v. Atty. Gen.
Posted on 17 Nov 2021 by Daniel M. Kowalski

Jathursan v. Atty. Gen. "Pathmanathan Jathursan, a native and citizen of Sri Lanka, seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum... Read More

CA5 on Jurisdiction, CAT: Arulnanthy v. Garland
Posted on 8 Nov 2021 by Daniel M. Kowalski

Arulnanthy v. Garland "The collateral consequences of the BIA’s order ensure that Arulnanthy’s petition for review remains justiciable despite his removal to Sri Lanka. Substantial evidence supports the finding that Arulnanthy was not... Read More

CA1 on Credibility: Lopez Troche v. Garland
Posted on 19 Oct 2021 by Daniel M. Kowalski

Lopez Troche v. Garland "Mario Rene Lopez Troche ("Lopez Troche"), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirms the denial of his application for... Read More

CA5 CAT Remand: Abushagif v. Garland
Posted on 24 Sep 2021 by Daniel M. Kowalski

Abushagif v. Garland "Abushagif contends that the BIA abused its discretion by entirely failing to address his CAT claim. On that point, he is correct. A CAT “claim is separate from . . . claims for asylum and withholding of removal and should... Read More

CA9 on Iran, Evidence, CAT: Etemadi v. Garland
Posted on 9 Sep 2021 by Daniel M. Kowalski

Etemadi v. Garland "Kami Etemadi, a citizen and native of Iran, came to the United States in 1996 and made a life in Los Angeles. After being introduced to an Iranian American church, he converted to Christianity and was baptized in 1999. The government... Read More

CA9 on Venue, Social Group, CAT, Mexico, Cartels: Plancarte Sauceda v. Garland
Posted on 21 Aug 2021 by Daniel M. Kowalski

Plancante Sauceda v. Garland "We first address venue and hold that the Ninth Circuit is the proper venue for this petition for review because Boise, Idaho, is the place “in which the immigration judge completed the proceedings.” See... Read More

CA9 on Exhaustion, Social Group, CAT, El Salvador: Vasquez-Rodriguez v. Garland
Posted on 5 Aug 2021 by Daniel M. Kowalski

Vasquez-Rodriguez v. Garland "We conclude that the approach set forth in Matter of E-A-G- [24 I. & N. Dec. 591 (B.I.A. 2008)] is inconsistent with the requisite fact-based analysis of proposed particular social groups. ... We do not suggest... Read More

CA9 on Service, Suppression, CAT: B.R. v. Garland
Posted on 13 Jul 2021 by Daniel M. Kowalski

B.R. v. Garland "All substantive hearings, pleadings, and orders occurred after service on B.R. was perfected. B.R. has not shown he was prejudiced by the delay in service in obtaining relief from removal. B.R. is not entitled to termination based... Read More

Tags: cat , nta , suppression

Unpub. CA5 on Honduras, CAT, State Involvement: Guity Casildo v. Garland
Posted on 1 Jul 2021 by Daniel M. Kowalski

Guity Casildo v. Garland (unpub.) "[T]he BIA has not addressed the question of the applicability of the color-of-law rule regarding state involvement in torture. ... The parties agree that a remand is the best alternative where the BIA has made... Read More

Tags: torture , cat , Honduras

CA10 on CAT, Mexico, Cartels: Torrez de Lopez v. Garland
Posted on 16 Apr 2021 by Daniel M. Kowalski

Torrez de Lopez v. Garland "Maria Torres de Lopez, a native and citizen of Mexico, appeals the denial of her application for deferral of removal under the United Nations Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. §... Read More

CA9 on CAT, Honduras: Alvarado-Herrera v. Garland
Posted on 13 Apr 2021 by Daniel M. Kowalski

Alvarado-Herrera v. Garland "Israel Alvarado-Herrera, a native and citizen of Honduras, reentered the United States illegally in 2017. The Department of Homeland Security (DHS) ordered him removed to Honduras after reinstating an earlier removal... Read More

CA9 on CAT, Honduras: Aguilar-Osorio v. Garland
Posted on 15 Mar 2021 by Daniel M. Kowalski

Aguilar-Osorio v. Garland "He ... argues ... that he faces the threat of future torture, pointing to the State Department’s Country Report that describes pervasive criminality within Honduran society. Although the IJ declined to receive the... Read More

CA9 on CAT, Mexico: Macedo Templos v. Wilkinson
Posted on 9 Feb 2021 by Daniel M. Kowalski

Macedo Templos v. Wilkinson "[W]e grant his petition for additional review of his application for CAT relief. We remand with instructions for the Board to consider whether the attack by the judicial police officers qualifies as torture and whether... Read More

CA1 on Habeas, CAT, Extradition: Aguasvivas v. Pompeo
Posted on 8 Jan 2021 by Daniel M. Kowalski

Aguasvivas v. Pompeo "The Dominican Republic requests Cristian Starling Aguasvivas for extradition. After a federal magistrate judge certified Aguasvivas as eligible for extradition, Aguasvivas filed a habeas corpus petition in the District of... Read More

EOIR Final Rule: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
Posted on 10 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 "On June 15, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively “the Departments”) published... Read More