Immigration Law

Recent Posts

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

CA9 on Credibility: Kumar v. Garland
Posted on 30 Nov 2021 by Daniel M. Kowalski

Kumar v. Garland "Under the REAL ID Act, Immigration Judges (“IJs”) must base credibility determinations on “the totality of the circumstances, and all relevant factors.” 8 U.S.C. 1158(b)(1)(B)(iii). However, even after... 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

Unpub. (2-1) CA5 Credibility Remand: Mpesse v. Garland
Posted on 20 Sep 2021 by Daniel M. Kowalski

Mpesse v. Garland "In light of the fact that the critical role in deciding credibility is for the IJ, and because both the BIA and this court have found that the IJ erred in some of the evidence he relied on to find that the petitioner was not... Read More

CA9 Pushes Back Against SCOTUS: Alcaraz-Enriquez II
Posted on 16 Sep 2021 by Daniel M. Kowalski

Alcaraz-Enriquez II, Sept. 16, 2021 "Petitioner Cesar Alcaraz-Enriquez (“Alcaraz”), a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals (“BIA”), which denied his applications... Read More

CA9, En Banc, on Credibility: Alam v. Garland
Posted on 8 Sep 2021 by Daniel M. Kowalski

Alam v. Garland "We voted to rehear this case en banc to reconsider our “single factor rule,” which we have applied in considering petitions for review from decisions by the Board of Immigration Appeals (“BIA”). The single... Read More

CA10 Unpub. on DRC, Credibility: Umba v. Garland
Posted on 5 Aug 2021 by Daniel M. Kowalski

Umba v. Garland "When a statute mandates that a lower tribunal consider the “totality of the circumstances” in making a credibility determination, we require that it do just that. And if it fails in this endeavor, we cannot uphold its... Read More

CA2 on Credibility: Singh v. Garland - REVISED
Posted on 28 Jul 2021 by Daniel M. Kowalski

Singh v. Garland "Amardeep Singh, a native and citizen of India seeking relief from political persecution in his home country, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the decision of... Read More

Rare CA5 Stay Grant: Singh v. Garland
Posted on 13 Jul 2021 by Daniel M. Kowalski

Singh v. Garland "Daljinder Singh applied for asylum and protection under the Convention Against Torture, claiming that he feared persecution in India based on his membership in the Akali Dal Amritsar (“Mann Party”), a Sikh-dominated... Read More

Alam v. Garland to be Reheard En Banc (Credibility, Asylum, Bangladesh)
Posted on 3 Jun 2021 by Daniel M. Kowalski

Alam v. Garland "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel [2-1, Judge Collins, dissenting... Read More

Supreme Court: Garland v. Dai
Posted on 1 Jun 2021 by Daniel M. Kowalski

Garland v. Dai "The Ninth Circuit has long applied a special rule in immigration disputes. The rule provides that, in the absence of an explicit adverse credibility determination by an immigration judge or the Board of Immigration Appeals, a reviewing... Read More

CA2 on Competency, Credibility: K.O. v. Garland (unpub.)
Posted on 23 May 2021 by Daniel M. Kowalski

K.O. v. Garland (unpub.) "The record evidence in this case shows that K.O. had been diagnosed with post-traumatic stress disorder (PTSD), anxiety, and depression, and was prescribed medication for PTSD while in immigration custody. ... K.O. urged... Read More