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

Is CAT a "Dead Letter" in the Fifth Circuit?
Posted on 3 Sep 2021 by Daniel M. Kowalski

Prof. Geoffrey A. Hoffman, Sept. 3, 2021 "This week a panel of the Fifth Circuit issued Tabora Gutierrez v. Garland , interpreting the Convention Against Torture’s (CAT’s) state action requirement so restrictively that it led the dissenting... Read More

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, 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

CA8 on CAT, Somalia, Standard of Review: Kassim v. Barr
Posted on 3 Apr 2020 by Daniel M. Kowalski

Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif... Read More

CA2 on Jurisdiction, CAT, Jamaica: Manning v. Barr
Posted on 31 Mar 2020 by Daniel M. Kowalski

Manning v. Barr "We hold that the jurisdictional provision in 8 U.S.C. § 1252(a)(2)(C), which limits this Court’s jurisdiction, applies only to cases where the Immigration Judge (“IJ”) has found a petitioner removable based... Read More

CA9 on CAT, Mexico: Guerra v. Barr
Posted on 3 Mar 2020 by Daniel M. Kowalski

Guerra v. Barr "Jose Eduardo Guerra (“Guerra”), a citizen and national of Mexico, petitions for review of an adverse decision by the Board of Immigration Appeals (“BIA”). At issue is Guerra’s application for deferral... Read More

Jeffrey S. Chase: The Real Message of Matter of R-A-F-
Posted on 2 Mar 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 1, 2020 "On February 26, the Attorney General (or more likely, someone authorized to speak on his behalf) issued a precedent decision in Matter of R-A-F - . My take on the import of this decision seems to be different than... Read More