Immigration Law

Recent Posts

CA9 Vacates Matter of K-S-E-: Sylvestre v. Garland
Posted on 11 Jun 2021 by Daniel M. Kowalski

Sylvestre v. Garland , Case: 20-71316, 06/09/2021, ID: 12139702, DktEntry: 54, Page 1 of 1 (text of Order copied from PACER; official CA9 PDF not yet live) "Before: SILVERMAN, NGUYEN, and R. NELSON, Circuit Judges. The government’s unopposed... Read More

CA9 on Somalia, Persecution, Firm Resettlement: Aden v. Wilkinson
Posted on 4 Mar 2021 by Daniel M. Kowalski

Aden v. Wilkinson "Abdi Ali Asis Aden petitions for review of the Board of Immigration Appeals’ (the “BIA” or “Board”) dismissal of his appeal of an Immigration Judge’s (“IJ”) denial of his applications... Read More

Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)
Posted on 10 Apr 2020 by Daniel M. Kowalski

Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020) For purposes of determining whether an alien is subject to the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by the... Read More

CLINIC Practice Advisory - Asylum Seekers Stranded in Mexico Because of the Trump Administration’s Restrictive Policies: Firm Resettlement Considerations
Posted on 25 Apr 2019 by Daniel M. Kowalski

CLINIC, Apr. 24, 2019 " ... [M]etering at the border continues and has resulted in thousands of individuals seeking asylum under U.S. law (“U.S. asylum seekers”) stranded on the Mexican side of the border. Practitioners should therefore... Read More

CA9 on CAT, Firm Resettlement, Cameroon: Arrey v. Barr
Posted on 26 Feb 2019 by Daniel M. Kowalski

Arrey v. Barr "[W]e conclude that the Board erred as a matter of law in its analysis and application of the “firm resettlement” rule. As to Arrey’s claim for relief under CAT, we conclude that substantial evidence does not support... Read More

CA6 on venue, firm resettlement: Thiam v. Holder
Posted on 30 Apr 2012 by Daniel M. Kowalski

"In reviewing the immigration judge’s decision, the BIA applied Fourth Circuit law because the final immigration court hearing was physically held in Virginia, and accordingly the BIA did not consider whether Thiam was firmly resettled under... Read More

Matter of D-X- & Y-Z-, Interim Decision #3737, 25 I&N Dec. 664 (BIA 2012)
Posted on 7 Jan 2012 by Daniel M. Kowalski

Matter of D-X- & Y-Z- , Interim Decision #3737, 25 I&N Dec. 664 (BIA 2012) - (1) A facially valid permit to reside in a third country constitutes prima facie evidence of an offer of firm resettlement pursuant to section 208(b)(2)(A)(vi) of the... Read More