Immigration Law

Recent Posts

Immigration Jail Slave Wage Cases Move Forward: Chen v. GEO Group; Menocal v. GEO Group
Posted on 9 Dec 2017 by Daniel M. Kowalski

Prof. Jacqueline Stevens, Dec. 8, 2017 - "Federal district court judge Robert Bryan in the Western District of Washington State on December 6, 2017 filed two orders denying GEO's motions to dismiss the latest lawsuits seeking damages for violating... Read More

CA7 on 'Small Amount,' Moncrieffe: Chen v. Sessions
Posted on 21 Jul 2017 by Daniel M. Kowalski

Chen v. Sessions, July 20, 2017 - "Ming Wei Chen, a lawful permanent resident originally from China, was ordered removed from the United States as an alien convicted of a controlled substance crime, see 8 U.S.C. § 1182(a)(2)(A)(i)(II). The Board... Read More

S.D.N.Y. on IMFA: Chen v. BIA
Posted on 1 Mar 2016 by Daniel M. Kowalski

Chen v. BIA, Feb. 29, 2016 - "Because the statutory language of8 U.S.C. § 1154(a)(2)(A) is plain and unambiguous and at odds with the regulation, 8 C.F.R. § 204.2(a)(2)(1), the Court must hold unlawful and set aside the USCIS and BIA decisions... Read More

Tags: imfa , chen

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases
Posted on 25 Aug 2015 by Daniel M. Kowalski

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases "This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of... Read More

OCAHO Greenlights UPL in I-9 Fights: USA v. Chen's Wilmington
Posted on 29 Jan 2015 by Daniel M. Kowalski

Moral of the story: When ICE raids your I-9 files, hire an attorney. Based on published OCAHO cases, you may have the penalty reduced by 50% or more. Otherwise, if you go it alone - or rely on your 'accountant' - you may end up in Ms. Chen's... Read More

Tags: fine , ocaho , wilmington , hibachi , I-9 , upl , chen

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder
Posted on 9 May 2013 by Daniel M. Kowalski

"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice... Read More

CA7 on Evidence, Ineffective Assistance: Chen v. Holder
Posted on 2 Apr 2015 by Daniel M. Kowalski

"Where, as here, the Board ignores a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion. ... Thus, the petition for review is granted. The Board should determine if Chen’s attorneys incompetently neglected... Read More

CA2 on China, Persecution, Coercive Population Control: Chen v. Holder
Posted on 8 Dec 2014 by Daniel M. Kowalski

"Substantial evidence here supports the agency’s finding that Chen failed to demonstrate that the imposition of a severe fine deprived him of the basic necessities of life or impoverished him before he left China. Accordingly, we deny review... Read More

Sixteen Years and 20 Minutes to “Other Serious Harm” Asylum
Posted on 2 Oct 2014 by Daniel M. Kowalski

"On September 3rd, 16 years after filing his application, and two years after first approaching the GW Immigration Clinic, my client was granted asylum. Sixteen years is a long time, even in the glacially slow world of EOIR, but more significant... Read More

CA4 on China, One-Child Policy: Chen v. Holder
Posted on 6 Feb 2014 by Daniel M. Kowalski

"For the foregoing reasons, we grant the petition for review as it relates to the BIA’s denial of asylum and withholding of removal based on the petitioners’ fear of being subjected to involuntary sterilization under China’s one... Read More

CA2 on Motion to Reopen, New Evidence: Chen v. Holder (Unpub.)
Posted on 1 May 2013 by Daniel M. Kowalski

"We remand to the BIA to reopen the proceedings to give full consideration to Chen's evidence and determine whether he has presented sufficient evidence to support an objectively reasonable fear of future persecution." - Chen v. Holder,... Read More

Activist Leaves China, Bound for USA on Student Visa
Posted on 19 May 2012 by Daniel M. Kowalski

"Chen's expected attendance at New York University comes from his association with Jerome Cohen, a law professor at the university who advised Chen while he was in the U.S. Embassy. The two met when the activist went to the United States... Read More

Tags: China , activist , chen

Hong Yen Chang Admitted to California Bar...125 Years Late
Posted on 17 Mar 2015 by Daniel M. Kowalski

"We grant Hong Yen Chang posthumous admission as an attorney and counselor at law in all courts of the state of California. ... it is past time to acknowledge that the discriminatory exclusion of Chang from the State Bar of California was a grievous... Read More

H-2 Visas In Flux - Reform or Status Quo?
Posted on 4 Apr 2015 by Daniel M. Kowalski

"[A]ccording to Daniel Costa of Economic Policy Institute (EPI), it's unclear what extent the new [joint DHS / DOL Interim Final] rule would strengthen standards or maintain the status quo: [E]mployers are keeping their fingers crossed... Read More