Immigration Law

Recent Posts

CA9 on Credibility: Barseghyan v. Garland
Posted on 8 Jul 2022 by Daniel M. Kowalski

Barseghyan v. Garland "Hayk Barseghyan, a native and citizen of Armenia, petitions this Court for review of a decision by the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge’s (“IJ”... Read More

CA9 on Credibility: Munyuh v. Garland
Posted on 25 Aug 2021 by Daniel M. Kowalski

Munyuh v. Garland "Ms. Munyuh’s case concerns us. From our reading of the record, the IJ seemed determined to pick every nit she could find. Besides erring procedurally, the IJ discounted probative evidence on flimsy grounds and displayed... Read More

Third Circuit on credibility, abuse of discretion, due process: Abulashvili
Posted on 15 Nov 2011 by Daniel M. Kowalski

"Petitioners Vasil Abulashvili and Teona Klibadze seek review of an order of the Board of Immigration Appeals dismissing their application for withholding of removal and protection under the Convention Against Torture (“CAT”) and an order... Read More

Unpub. CA10 Credibility Remand: Zheng v. Holder
Posted on 10 Jan 2013 by Daniel M. Kowalski

"Na Zheng and Jin De Pan petition for review of a final removal order from the Board of Immigration Appeals (BIA). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition because the BIA’s credibility determination was... Read More

CA11 on Credibility: Wu v. U.S. Attorney General
Posted on 12 Mar 2013 by Daniel M. Kowalski

"[T]he IJ’s repeated references that Wu’s story “just seems suspicious to me” or “just seems implausible to me” evince a determination made on personal perception or whim, not evidence. ... Our review of the record... Read More

CA7 on Credibility: Cojocari v. Sessions
Posted on 13 Jul 2017 by Daniel M. Kowalski

Cojocari v. Sessions, July 11, 2017 - "This is one of those relatively unusual cases where the agency’s credibility finding is arbitrary and capricious. As we detail below, the immigration judge made mountains out of molehills, fashioned inconsistencies... Read More

CA9 on Credibility: Bassene v. Holder
Posted on 25 Jul 2013 by Daniel M. Kowalski

"Alphonse Charles Bassene (“Bassene”), a native and citizen of Senegal, petitions for review of the Board of Immigration Appeals (“BIA”) decision denying his application for asylum, withholding of removal, and relief under... Read More

CA8 on Credibility, Frivolousness, Materiality: Limbeya v. Holder
Posted on 22 Aug 2014 by Daniel M. Kowalski

"Boendi Limbeya, a citizen of the Democratic Republic of Congo (DRC), petitions for review of an order of removal from the Board of Immigration Appeals (BIA). Limbeya filed an application for asylum in 2005. Following a hearing, an Immigration Judge... Read More

CA7 on Credibility: Yuan v. Lynch
Posted on 30 Jun 2016 by Daniel M. Kowalski

Yuan v. Lynch, June 28, 2016 - "We conclude that the purported inconsistencies regarding Yuan’s injuries and time in the hospital, his method of transportation to the hospital, and whether or not government officials questioned him at his workplace... Read More

Unpub. BIA Credibility Remand: Camaroon
Posted on 14 Nov 2013 by Daniel M. Kowalski

David L. Cleveland of Catholic Charities of Washington writes: "Respondent, from Cameroon, testified he was imprisoned and beaten three times. He also gave the court a fake photo of his injuries. The Immigration Judge denied asylum, deeming respondent... Read More

CA9 on Credibility: Bhattarai v. Lynch
Posted on 30 Aug 2016 by Daniel M. Kowalski

Bhattarai v. Lynch, Aug. 30, 2016 - "Nishchal Bhattarai petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture... Read More

Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group
Posted on 1 Nov 2011 by Daniel M. Kowalski

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances... Read More