Immigration Law

Recent Posts

CA8 (2-1) Slaps BIA for Clear Error Violation: Alvarez-Gomez v. Garland
Posted on 28 Dec 2022 by Daniel M. Kowalski

Alvarez-Gomez v. Garland "Gustavo Alexis Alvarez-Gomez, a citizen of El Salvador, petitions this court for review of the denial of his application for withholding of removal under the Immigration and Nationality Act (INA) and reversal of withholding... Read More

CA9 on Standard of Review: Chavez-Escamilla v. Garland
Posted on 16 Sep 2022 by Daniel M. Kowalski

Chavez-Escamilla v. Garland (unpub.) "Chavez-Escamilla argues that the BIA erred in applying the clearly erroneous standard because it did not defer to the IJ’s factual findings. ... The BIA failed to correctly apply the clearly erroneous... Read More

CA10 Corrects Massive BIA Failure: Villegas-Castro v. Garland
Posted on 2 Dec 2021 by Daniel M. Kowalski

Villegas-Castro v. Garland "We conclude that the Board erred in three ways. First, the Board erred in overturning the grant of asylum. The Board decided that Mr. Villegas-Castro had not filed a new application. But if he hadn’t filed a new... Read More

CA9 on 'clear error' - Lopez Rodriguez v. Holder
Posted on 27 Jun 2012 by Daniel M. Kowalski

"The Board of Immigration Appeals’ (BIA or Board) governing regulations limit its scope of review of an immigration judge’s (IJ) factual findings. Under 8 C.F.R. § 1003.1(d)(3)(i), (iv), the BIA may only review findings of fact for... Read More

CA2 Rejects H-L-H- & Z-Y-Z-: Huang & Zhou v. Holder
Posted on 27 Mar 2012 by Daniel M. Kowalski

"Petition to review the March 26, 2010, order of the Board of Immigration Appeals, Matter of H-L-H- & Z-Y-Z-, 25 I. & N. Dec. 209 (B.I.A. 2010), rev’g Nos. A098 363 500/499 (Immig. Ct. N.Y.C. Feb. 12, 2008), denying application for... Read More

CA2 on 'Clear Error' - Lin v. Lynch
Posted on 12 Feb 2016 by Daniel M. Kowalski

Lin v. Lynch, Feb. 11, 2016 - "This petition to review a decision of the Board of Immigration Appeals (“BIA”) requires consideration of the standard of review for a court of appeals considering the BIA’s determination that an Immigration... Read More

CA9 on Clear Error: Ridor v. Holder
Posted on 3 Oct 2012 by Daniel M. Kowalski

"Ridore argues that the BIA acted beyond the scope of its authority under 8 C.F.R. § 1003.1(d)(3) by reviewing the IJ’s findings under a de novo rather than clear error standard and improperly engaging in its own factfinding. We agree... Read More

CA3 on Credibility, Clear Error: Alimbaev v. Atty. Gen.
Posted on 25 Sep 2017 by Daniel M. Kowalski

Alimbaev v. Atty. Gen., Sept. 25, 2017 - "This disconcerting case, before our Court for the second time, has a lengthy procedural history marked by conflict between the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ) and fueled... Read More

CA11 on 'Clear Error' - Zhu v. U.S. Attorney General
Posted on 4 Jan 2013 by Daniel M. Kowalski

"At issue in this appeal is whether the BIA erred when it overturned the immigration judge’s (“IJ”) factual findings -- particularly the finding that Zhu would likely be forcibly sterilized upon returning to China -- not through... Read More

CA9 on Clear Error: Zumel v. Lynch
Posted on 29 Sep 2015 by Daniel M. Kowalski

"Assuming that intent under § 1182(a)(3)(B)(iii)(V)(b) is a factual question, the BIA here erred in failing to apply the clear error standard of review to the IJ’s resolution of the intent issue. ... Because the BIA did not acknowledge... Read More

CA9 on Withholding, Philippines, Sexual Orientation, Clear Error: Vitug v. Holder
Posted on 25 Jul 2013 by Daniel M. Kowalski

"Dennis Vitug, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order vacating an immigration judge’s (“IJ”) grant of withholding of removal and protection... Read More