Immigration Law

Recent Posts

Barr on Torture: Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)
Posted on 14 Jul 2020 by Daniel M. Kowalski

Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020) (1) Under Department of Justice regulations implementing the Convention Against Torture, an act constitutes “torture” only if it is inflicted or approved by a public official or other person... Read More

Tags: torture , barr , color of law

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

Tags: ca5 , cat , curtright , Mexico , willful blindness , color of law , Fifth Circuit , iruegas-valdez

CA5 on CAT, El Salvador: Garcia v. Holder
Posted on 2 Jul 2014 by Daniel M. Kowalski

"The IJ and BIA denied CAT protection because Garcia admitted that he could not be sure whether the extortionists were actually police officers, or whether they were criminals impersonating police officers, and because Garcia did not report the incidents... Read More

Tags: ca5 , El Salvador , cat , garcia , color of law , Fifth Circuit , pro se