Immigration Law

Recent Posts

Former IJs and BIA Members Comment on Credible Fear Proposed Rule
Posted on 20 Oct 2021 by Daniel M. Kowalski

Letter from the Round Table of Former Immigration Judges, Oct. 19, 2021 Comments on Proposed Rulemaking: 86 FR 46906 , Procedures for Credible Fear Screening and Consideration of Asylum "Limitation on Immigration Judge Review: We strongly oppose... Read More

What Does “Credible Fear” Really Mean?
Posted on 25 May 2021 by Daniel M. Kowalski

Elizabeth L. Silver, May 24, 2021 "A FEW MONTHS BEFORE COVID-19 descended, I spent a week in Dilley, Texas, as a volunteer attorney at the South Texas Family Residential Center, which is essentially a holding center, specifically for women and... Read More

CA1 on Credibility, Evidence: Cuesta-Rojas v. Garland
Posted on 16 Mar 2021 by Daniel M. Kowalski

Cuesta-Rojas v. Garland "Darwin Aliesky Cuesta Rojas ("Cuesta Rojas"), a native and citizen of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum... Read More

EOIR Final Rule: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
Posted on 10 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 "On June 15, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively “the Departments”) published... Read More

Court Strikes Down USCIS Credible Fear Lesson Plan, Orders New Determinations
Posted on 9 Nov 2020 by Daniel M. Kowalski

Kiakombua v. Wolf "Plaintiffs’ motion for summary judgment will be GRANTED with respect to their first claim for relief, and Defendant’s cross-motion for summary judgment will be DENIED. Furthermore, the Lesson Plan will be VACATED... Read More

Judge to CBP: "Poppycock!"
Posted on 2 Sep 2020 by Daniel M. Kowalski

A.B.-B. v. Morgan - Motion for Preliminary Injunction Granted ; CBP enjoined from conducting credible fear interviews. Read More

CA9 (2-1) on Bond, Credible Fear: Padilla v. ICE
Posted on 27 Mar 2020 by Daniel M. Kowalski

Padilla v. ICE "In this interlocutory appeal, we consider whether the district court abused its discretion in granting a preliminary injunction ordering the United States to provide bond hearings to a class of noncitizens who were detained after... Read More

GAO: Feds Must Do Better on Credible Fear
Posted on 21 Feb 2020 by Daniel M. Kowalski

GAO, Feb. 2020 Actions Needed to Strengthen USCIS’s Oversight and Data Quality of Credible and Reasonable Fear Screenings Read More

CFI Denial Rate Soars
Posted on 13 Nov 2019 by Daniel M. Kowalski

Amanda Holpuch, The Guardian, Nov. 13, 2019 "The vital first step in the asylum-seeking process has nearly been extinguished at the largest immigrant family detention center in the country, according to a lawsuit. Plaintiffs allege that since... Read More

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process
Posted on 4 Oct 2019 by Daniel M. Kowalski

American Immigration Council v. U.S. Customs and Border Protection et. al., No. 1:19-cv-02965 (D.D.C filed Oct. 2, 2019) "This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the government’s... Read More

Border Patrol Now Doing 'Credible Fear' Screenings
Posted on 19 Sep 2019 by Daniel M. Kowalski

Molly O'Toole, Los Angeles Times, Sept. 19, 2019 "Border Patrol agents are beginning to screen migrant families for “credible fear” instead of highly trained asylum officers who are charged with determining whether applicants qualify... Read More

Lawsuit Challenges New Secret 'Credible Fear' Directives: M.M.V. v. Barr
Posted on 17 Sep 2019 by Daniel M. Kowalski

M.M.V. v. Barr "Plaintiffs challenge the new regulations, directives, guidance and/or procedures concerning the evaluation of “credible fear,”2 and seek declaratory and injunctive relief finding the application of new credible fear... Read More

A.G. Barr Overrules Matter of X-K-, Delays Effective Date 90 Days: Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Posted on 16 Apr 2019 by Daniel M. Kowalski

Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019) (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing... Read More

New Guidance to IJs and AOs pursuant to Grace v. Whitaker
Posted on 14 Jan 2019 by Daniel M. Kowalski

Karen Musalo , Bank of America Foundation Chair in International Law and Professor & Director, Center for Gender & Refugee Studies at U.C. Hastings College of the Law writes: "Following up on U.S. District Court Judge Emmet Sullivan’s... Read More

DHS, DOJ Argue Over 'Credible Fear' Asylum Rules
Posted on 2 Dec 2018 by Daniel M. Kowalski

Hamed Aleaziz, Buzzfeed News, Nov. 30, 2018 - "Homeland Security and Justice Department officials are feuding over a controversial plan that would force asylum-seekers at the southwestern border to remain in Mexico until their cases are decided,... Read More