Immigration Law

Recent Posts

Due Process Disaster in Immigration Court
Posted on 21 Sep 2022 by Daniel M. Kowalski

Jason Dzubow, Sept. 21, 2022 "It is not easy to convey the magnitude of the ongoing disaster at EOIR, the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts. Simply stated, the agency is rescheduling... Read More

CA4: IJ Milo Bryant Violated Respondent's Due Process Rights; Illegal Reentry Indictment Dismissed
Posted on 25 Aug 2022 by Daniel M. Kowalski

US v. Fernandez Sanchez "Bonifacio Fernandez Sanchez, a Mexican citizen who migrated to the United States illegally as a minor in 2006, was deported in 2011 following a four-minute removal hearing. During that hearing, the immigration judge neglected... 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

Posted on 14 Mar 2022 by Daniel M. Kowalski

National Center for Youth Law, Mar. 14, 2022 "On Friday, March 11, 2022, a federal judge held that unaccompanied children in federal immigration custody are entitled to greater constitutional protections than they are currently afforded when they... Read More

CA9 on Due Process: Nolasco-Amaya v. Garland
Posted on 29 Sep 2021 by Daniel M. Kowalski

Nolasco-Amaya v. Garland "Petitioner Belkis Nolasco-Amaya, a native and citizen of Honduras, sought withholding of removal and protection under the Convention Against Torture (“CAT”). An immigration judge (“IJ”) denied her... Read More

CA3 on Due Process, Language Barriers: B.C. v. Atty. Gen.
Posted on 1 Sep 2021 by Daniel M. Kowalski

B.C. v. Atty. Gen. "We hold that B.C. was denied due process because the IJ did not conduct an adequate initial evaluation of whether an interpreter was needed and took no action even after the language barrier became apparent. Those failures resulted... Read More

CA9 on Due Process: Flores-Rodriguez v. Garland
Posted on 16 Aug 2021 by Daniel M. Kowalski

Flores-Rodriguez v. Garland "The IJ’s failure to put Flores-Rodriguez on notice of this central issue in his case denied him “a full and fair hearing” by preventing him from submitting significant testimony and other evidence... Read More

CA3 on "Something to Review" - Valarezo-Tirado v. A.G.
Posted on 16 Jul 2021 by Daniel M. Kowalski

Valarezo-Tirado v. A.G. "We have previously granted a petition for review in which the alleged basis for the BIA’s denial of relief was that “the evidence is insufficient” and “the arguments made by the [government] on appeal... 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

CA1 on Evidence, Due Process: Molina-Diaz v. Wilkinson
Posted on 26 Feb 2021 by Daniel M. Kowalski

Molina-Diaz v. Wilkinson "After reviewing the record, we conclude that the IJ never gave Molina the necessary opportunity to explain why she did not provide corroborating evidence. ... Molina also argues that the BIA erred in finding that she did... Read More

Groups Sue EOIR Over Access to Justice
Posted on 14 Jan 2021 by Daniel M. Kowalski

Democracy Forward, Jan. 12, 2021 "Unlawful EOIR Rule Makes Sweeping Procedural Changes That Will Deny Due Process, Cause Wrongful Deportations, and Worsen Case Backlog As Trump Admin Scrambles to Finalize Policies in Waning Days, Coalition of... Read More

Tags: due process , eoir

CA9 on Adelanto, ICE, Safety, Due Process: Roman v. Wolf
Posted on 13 Oct 2020 by Daniel M. Kowalski

Roman v. Wolf "[W]e agree with the district court that the conditions at Adelanto in April violated detainees’ due process right to reasonable safety. ... the preliminary injunction order is affirmed in part and vacated in part, and the case... Read More

Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020)
Posted on 31 Aug 2020 by Daniel M. Kowalski

Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020) (1) After an Immigration Judge has set a firm deadline for filing an application for relief, the respondent’s opportunity to file the application may be deemed waived, prior to a scheduled hearing... Read More

Analysis: DHS v. Thuraissigiam
Posted on 2 Jul 2020 by Daniel M. Kowalski

Aditi Shah, Lawfare, July 2, 2020 "On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam, an asylum-seeker, does not have a constitutional right to habeas corpus review in federal court of his claims that the government violated... Read More

Supreme Court on Habeas, Due Process: DHS v. Thuraissigiam
Posted on 25 Jun 2020 by Daniel M. Kowalski

DHS v. Thuraissigiam "[U]nder our precedents, neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of respondent’s claims, and IIRIRA’s limitations on habeas review are constitutional... Read More