Immigration Law

Recent Posts

CA2 on CAT, Standard of Review: Omorodion v. Garland
Posted on 30 Nov 2022 by Daniel M. Kowalski

Omorodion v. Garland (unpub.) "The IJ granted Omorodion’s application for deferral of removal under the CAT and, after an initial remand by the BIA, reaffirmed that decision. In July 2018 the BIA vacated the IJ’s grant of CAT relief... Read More

CA2 CAT Remand: Lopez De Velasquez v. Garland
Posted on 26 Nov 2022 by Daniel M. Kowalski

Lopez De Velasquez v. Garland (unpub.) "Petition for review of a December 26, 2018 decision of the Board of Immigration Appeals (“BIA”) vacating a July 27, 2017 decision of an Immigration Judge (“IJ”) granting Petitioners’... Read More

CA2 on CAT, Honduras: Garcia-Aranda v. Garland
Posted on 21 Nov 2022 by Daniel M. Kowalski

Garcia-Aranda v. Garland "Karla Iveth Garcia-Aranda petitions for review of two decisions of the Board of Immigration Appeals (“BIA”) denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”... Read More

Understanding Government "Acquiescence" in CAT Cases: Hon. Jeffrey S. Chase
Posted on 17 Nov 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Nov. 17, 2022 "I would like to discuss a concept related to asylum, involving protection under Article 3 of the U.N. Convention Against Torture (commonly referred to as “CAT” for short). Although lacking the benefits... Read More

CA1 on El Salvador, CAT, MS-13: Chavez v. Garland
Posted on 22 Oct 2022 by Daniel M. Kowalski

Chavez v. Garland "Rommel Alexander Chavez, a citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for withholding of removal under the Immigration... Read More

CA1 on Honduras, MS-13, CAT: H.H. v. Garland
Posted on 22 Oct 2022 by Daniel M. Kowalski

H.H. v. Garland "Petitioner H.H. seeks review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for deferral of removal to Honduras under the Convention Against Torture ("CAT").... Read More

CA9 on CAT, Guatemala: De Leon Lopez v. Garland
Posted on 21 Oct 2022 by Daniel M. Kowalski

De Leon Lopez v. Garland "Risvin Valdemar De Leon Lopez (“De Leon”), a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an Immigration Judge’s... Read More

CA5 on Evidence, CAT, Cameroon: Ndifon v. Garland
Posted on 5 Oct 2022 by Daniel M. Kowalski

Ndifon v. Garland "Elmond Echaukian Ndifon, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his... Read More

CA9 on INTERPOL Red Notice, CAT: Gonzalez-Castillo v. Garland
Posted on 31 Aug 2022 by Daniel M. Kowalski

Gonzalez-Castillo v. Garland "Petitioner Oscar Gonzalez-Castillo was found to be ineligible for withholding of removal by an Immigration Judge (“IJ”) because there were “serious reasons to believe that [he] committed a serious... Read More

Unpub. CA2 CAT Remand (El Salvador)
Posted on 7 Jul 2022 by Daniel M. Kowalski

Giron v. Garland "The agency did not adequately explain its denial of CAT relief. See Poradisova v. Gonzales, 420 F.3d 70, 77 (2d Cir. 2005) (“[W]e require a certain minimum level of analysis from the IJ and BIA opinions denying asylum, and... Read More

CA9 on CAT: Velasquez-Samayoa v. Garland
Posted on 24 Jun 2022 by Daniel M. Kowalski

Velasquez-Samayoa v. Garland "Miguel Angel Velasquez-Samayoa seeks protection under the Convention Against Torture (“CAT”). Velasquez-Samayoa asserts that, if he were removed to his native country of El Salvador, he would be identified... Read More

CA1 on Somalia, CAT: Ali v. Garland
Posted on 6 May 2022 by Daniel M. Kowalski

Ali v. Garland "[W]e deny Ali's petition for review of the BIA's ruling insofar as the petition challenges the BIA's affirmance of the IJ's denial of Ali's al-Shabaab-related ground for obtaining CAT-based deferral of removal... Read More

Unpub. CA5 Credibility, CAT Remand: Thraiyappah v. Garland
Posted on 17 Mar 2022 by Daniel M. Kowalski

Thraiyappah v. Garland "Balasuntharam Thraiyappah petitions for review of the Board of Immigration Appeals’ (BIA) decision dismissing an appeal of the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection... Read More

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