Immigration Law

Recent Posts

Unpub. CA10 MTR Remand: Singh v. Garland
Posted on 12 Oct 2022 by Daniel M. Kowalski

Singh v. Garland "Singh argues the BIA committed legal error in denying his motion to reopen because it failed to cite or apply the prejudice standard from Matter of Lozada and its progeny—i.e., that the alien “show a reasonable likelihood... Read More

CA3 on Credibility, CAT: Njoka v. Garland
Posted on 1 Sep 2022 by Daniel M. Kowalski

Njoka v. Garland (unpub.) "[W]e conclude that the Board erred in affirming the IJ’s denial of CAT protection. The Board’s sole justification for that affirmance was the adverse credibility finding. The Board suggested that, under Fifth... Read More

Tags: cat , credibility

CA9 on Credibility, Changed Conditions (Sikhs in India) - Singh v. Garland
Posted on 30 Aug 2022 by Daniel M. Kowalski

Singh v. Garland "We have held that the Board of Immigration Appeals (BIA) may rely on a prior adverse credibility determination to deny a motion to reopen if that earlier finding factually undercuts the petitioner’s new argument. Greenwood... Read More

Ndudzi, Updated (July 22, 2022)(CA5, credibility, demeanor)
Posted on 23 Jul 2022 by Daniel M. Kowalski

On July 22, 2022 CA5 withdrew its July 20th panel decision and replaced it with this one . Of particular note is footnote 2, highlighting the 2022 Georgetown Immigration Law Journal article by Prof. Liz Bradley and Prof. Hillary Farber , Virtually Incredible... Read More

Rare CA5 Credibility Victory: Ndudzi v. Garland
Posted on 21 Jul 2022 by Daniel M. Kowalski

Ndudzi v. Garland "Mariana Ndudzi, a native and citizen of Angola, petitions for review of a Board of Immigration Appeals (BIA) decision denying her appeal of an immigration judge’s (IJ) denial of her application for asylum, withholding of... Read More

BIA on Impeachment Evidence: Matter of E-F-N-
Posted on 30 Jun 2022 by Daniel M. Kowalski

Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022) Interim Decision #4048 - An Immigration Judge may rely on impeachment evidence as part of a credibility determination where the evidence is probative and its admission is not fundamentally unfair, and the... Read More

CA1 on Credibility: Reyes Pujols v. Garland
Posted on 15 Jun 2022 by Daniel M. Kowalski

Reyes Pujols v. Garland "[T]he BIA upheld an adverse credibility determination that the IJ reached in part based on an inconsistency in Reyes's story that simply was not an inconsistency. Nor can we say that absent the adverse credibility finding... Read More

Unpub. CA5 Credibility Remand: Yahm v. Garland
Posted on 31 May 2022 by Daniel M. Kowalski

Yahm v. Garland "Elvis Njenula Yahm, a citizen of Cameroon facing removal, sought asylum, withholding of removal, and relief under the Convention Against Torture (CAT) based on his pro-Anglophone political opinion. An immigration judge denied all... Read More

CA5 on Due Process, Credibility: Nkenglefac v. Garland
Posted on 18 May 2022 by Daniel M. Kowalski

Nkenglefac v. Garland "Petitioner Giscard Nkenglefac, a native and citizen of Cameroon, applied for admission into the United States on May 9, 2018. The immigration judge (“IJ”), Agnelis Reese, denied Nkenglefac’s application... Read More

CA9 on Credibility, Frivolousness: Udo v. Garland
Posted on 5 May 2022 by Daniel M. Kowalski

Udo v. Garland "Peter Donatus Udo is a citizen of Nigeria who applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) in the United States on the grounds that he feared violence in Nigeria... 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

CA1 Remand: Menjivar Bonilla v. Garland
Posted on 12 Jan 2022 by Daniel M. Kowalski

Menjivar Bonilla v. Garland "Jose Ernesto Menjivar Bonilla, a native and 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... Read More

CA10 Credibility Remand: Takwi v. Garland
Posted on 11 Jan 2022 by Daniel M. Kowalski

Takwi v. Garland "Nkemchap Nelvis Takwi seeks review of a decision by the Board of Immigration Appeals (BIA) dismissing his appeal from a removal order entered by an Immigration Judge (IJ) and denying his motion to remand. Exercising jurisdiction... Read More

En Banc CA1 Credibility Remand: Diaz Ortiz v. Garland
Posted on 11 Jan 2022 by Daniel M. Kowalski

Diaz Ortiz v. Garland "Cristian Josue Diaz Ortiz, a native of El Salvador, seeks review of a decision by the Board of Immigration Appeals ("BIA") affirming the denial of his claims for asylum, withholding of removal, and protection under... Read More

CA10 Corrects Massive BIA Failure: Villegas-Castro v. Garland
Posted on 2 Dec 2021 by Daniel M. Kowalski

Villegas-Castro v. Garland "We conclude that the Board erred in three ways. First, the Board erred in overturning the grant of asylum. The Board decided that Mr. Villegas-Castro had not filed a new application. But if he hadn’t filed a new... Read More