Immigration Law

Recent Posts

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

The Case Behind the Case: Matter of R-A-F-
Posted on 27 Feb 2020 by Daniel M. Kowalski

Here is a link to the unpublished BIA decision in Matter of R-A-F- dated Sept. 11, 2019. Read More

Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019)
Posted on 6 Dec 2019 by Daniel M. Kowalski

Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019) (1) Torturous conduct committed by a public official who is acting “in an official capacity,” that is, “under color of law” is covered by the Convention Against Torture and Other... Read More

CA7 on Asylum, Mexico, Cartel Violence: Gonzalez Ruano v. Barr
Posted on 26 Apr 2019 by Daniel M. Kowalski

Gonzalez Ruano v. Barr "In September 2016, members of a Mexican drug cartel kidnapped, tortured, and threatened to kill petitioner Mauricio Gonzalez Ruano, who was living with his family in the Mexican state of Jalisco. ... We find that the record... Read More

CA9 on CAT, Firm Resettlement, Cameroon: Arrey v. Barr
Posted on 26 Feb 2019 by Daniel M. Kowalski

Arrey v. Barr "[W]e conclude that the Board erred as a matter of law in its analysis and application of the “firm resettlement” rule. As to Arrey’s claim for relief under CAT, we conclude that substantial evidence does not support... Read More

CA4 on Standard of Review: Cruz-Quintanilla v. Whitaker
Posted on 4 Feb 2019 by Daniel M. Kowalski

Cruz-Quintanilla v. Whitaker "We conclude that the Board applied the wrong standard of review. Whether Cruz-Quintanilla established that the government would acquiesce in his torture under 8 C.F.R. § 1208.16(c)(2) is a mixed question of law... Read More

BIA on CAT, Torture: Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)
Posted on 31 Oct 2018 by Daniel M. Kowalski

Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018) - Where the evidence regarding an application for protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10... Read More

CA7 on El Salvador, Gang Violence, Social Group: W.G.A. v. Sessions
Posted on 24 Aug 2018 by Daniel M. Kowalski

W.G.A. v. Sessions - "In 2015, tattooed members of the Mara 18 gang held a gun to petitioner W.G.A.’s head and threatened to kill him. The Mara 18—also known as the “Calle 18,” “Barrio 18,” or “Eighteenth... Read More

Unpub. BIA CAT Victory (Mexico; June 25, 2018)
Posted on 6 Jul 2018 by Daniel M. Kowalski

Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the... Read More