Immigration Law

Recent Posts

BIA on Physical Force: Matter of DANG, 28 I&N Dec. 541 (BIA 2022)
Posted on 28 Apr 2022 by Daniel M. Kowalski

Matter of DANG, 28 I&N Dec. 541 (BIA 2022) (1) The Supreme Court’s construction of “physical force” in Johnson v. United States, 559 U.S. 133 (2010), and Stokeling v. United States, 139 S. Ct. 544 (2019), controls our interpretation... Read More

The BIA's Mansplaining of Gender-Based Asylum
Posted on 8 Apr 2021 by Daniel M. Kowalski

Jeffrey S. Chase, Apr. 6, 2021 "“Every woman knows what I’m talking about. It’s the presumption that makes it hard, at times, for any woman in any field; that keeps women from speaking up and from being heard when they dare; that... Read More

CA9 on Mexico, Domestic Violence: Rodriguez Tornes v. Garland
Posted on 5 Apr 2021 by Daniel M. Kowalski

Rodriguez Tornes v. Garland "Petitioner Maria Luisa Rodriguez Tornes, a native and citizen of Mexico, testified to a lifetime of severe abuse from her mother, her estranged husband, and her partner for, in their eyes, being insufficiently subservient... Read More

Jeffrey S. Chase: Litigation Support in Domestic Violence Case
Posted on 23 Dec 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 23, 2019 "Since the issuance of the Attorney General’s decision in Matter of A-B- in June 2018, further guidance from the courts has been slow in coming. The case of A-B- herself remains pending at the BIA. After initially... Read More

Post-Matter of A-B- Victories
Posted on 18 Jan 2019 by Daniel M. Kowalski

Immigration Courtside, Jan. 17, 2019 The Hon. Paul W. Schmidt writes: "Here are two redacted “post- Matter of A-B- ” decisions from U.S.Immigration Judges correctly interpreting the law to grant relief to refugee women from Central... Read More

Jeffrey S. Chase on the Impact of Grace v. Whitaker
Posted on 25 Dec 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 24, 2018 - "Six months after a significant number of U.S. immigration judges cheered a decision intended to revoke the hard-earned right of domestic violence victims to asylum protection, immigration advocates had their chance... Read More

Sessions Overrules A-R-C-G-: Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)
Posted on 11 Jun 2018 by Daniel M. Kowalski

Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) Headnotes: (1)Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2)An applicant seeking... Read More

Statement in Response to Sessions' Decision in Matter of A-B- by Retired Immigration Judges and Former Members of the Board of Immigration Appeals
Posted on 12 Jun 2018 by Daniel M. Kowalski

June 11, 2018 - "As former Immigration Judges with decades of experience at the trial and appellate level, we consider the Attorney General’s decision an affront to the rule of law. As former judges, we understand that in order to be fair,... Read More

Sessions Likely to End Asylum Eligibility for Victims of Domestic Violence: How Courts Can Resist
Posted on 20 Mar 2018 by Daniel M. Kowalski

Sophia Genovese, Mar. 20, 2018 - "Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been... Read More

Sua Sponte Reopening Victory in DV Case; Venue Change
Posted on 9 Dec 2014 by Daniel M. Kowalski

"In her motion to reopen, the respondent has provided evidence that she suffered physical, mental, and sexual abuse in EI Salvador at the hands of family members when she was very young, and similar abuse later in her life at the hands of a man she... Read More

Unpub. BIA Descamps Victory in Oklahoma
Posted on 11 Dec 2013 by Daniel M. Kowalski

"The respondent was convicted of domestic abuse - assault and battery under Oklahoma Statute 21, section 644C. which requires assault and battery against certain types of victims. In Steele v. Oklahoma, 778 P.2d 929 (1989), the Oklahoma Criminal... Read More

BIA on Circumstance-Specific Approach, Sentencing: Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)
Posted on 27 May 2016 by Daniel M. Kowalski

Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016) - "Considering the totality of the evidence, we agree with the Immigration Judge that the DHS has established the domestic nature of the respondent’s offense by clear and convincing evidence... Read More

Castleman SCOTUS Decision Avoids Harming Immigrants
Posted on 27 Mar 2014 by Daniel M. Kowalski

"The US Supreme Court ruled that an expansive definition of domestic violence should apply to firearms cases but notes that the ruling does not apply in the immigration law context, apparently recognizing ASISTA's arguments that its decision... Read More

Advocates File Supreme Court Amicus Brief in CODV Case
Posted on 24 Dec 2013 by Daniel M. Kowalski

"This brief respectfully emphasizes to the Court that a ruling reversing the Court of Appeals based on a broad reading of “misdemeanor crime of domestic violence” could have profound effects on immigration law. These include the unintended... Read More