Immigration Law

Recent Posts

BIA on Finality: Matter of J. M. Acosta, 27 I&N Dec. 420 (BIA 2018)
Posted on 29 Aug 2018 by Daniel M. Kowalski

Matter of J. M. Acosta, 27 I&N Dec. 420 (BIA 2018) (1) A conviction does not attain a sufficient degree of finality for immigration purposes until the right to direct appellate review on the merits of the conviction has been exhausted or waived... Read More

Tags: finality , bia , acosta

Door Is Open to Unfair Deportation, Judges Say
Posted on 7 Jun 2012 by Daniel M. Kowalski

"The 9th Circuit will not convene an 11-judge panel to review the deportation of a Filipino man with a criminal record, though several judges say the current decision "inexplicably" ignores the fact that the immigrant is still appealing... Read More

CA3 on Conviction, Finality, Ozkok:Orabi v. Atty. Gen.
Posted on 3 Jan 2014 by Daniel M. Kowalski

"We are therefore convinced that the principle announced and held in Ozkok – that “a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted... Read More

CA9 on Conviction, Finality: Planes v. Holder
Posted on 5 Jun 2012 by Daniel M. Kowalski

Majority - "Every circuit that has given a reasoned opinion on the interpretation of “conviction” in 8 U.S.C. § 1101(a)(48)(A) has reached the same conclusion as the panel does here, namely, that “[t]he term ‘conviction’... Read More

CA9 on Finality, Jurisdiction: Abdisalan v. Holder
Posted on 15 Dec 2014 by Daniel M. Kowalski

"When does an order of removal become “final” for the purpose of seeking judicial review? Panels of our court have reached varying conclusions, creating unnecessary confusion as to the timeliness of petitions for review and our jurisdiction... Read More

CA6 on APA Finality: Hosseini v. Johnson
Posted on 17 Jun 2016 by Daniel M. Kowalski

Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration... Read More