Immigration Law

Recent Posts

Immigration Officials Use Secretive Gang Databases to Deny Migrant Asylum Claims
Posted on 9 Jul 2019 by Daniel M. Kowalski

Melissa del Bosque, ProPublica, July 8, 2019 "With scant public notice, federal immigration officials are relying on databases run by foreign police and militaries to check whether migrants crossing the United States border have gang affiliations... Read More

CA7 on El Salvador, Gang Violence, Social Group: W.G.A. v. Sessions
Posted on 24 Aug 2018 by Daniel M. Kowalski

W.G.A. v. Sessions - "In 2015, tattooed members of the Mara 18 gang held a gun to petitioner W.G.A.’s head and threatened to kill him. The Mara 18—also known as the “Calle 18,” “Barrio 18,” or “Eighteenth... Read More

Asylum Victory in Hartford: Matter of R-G- (Death Threats from Gangs in Honduras, El Salvador)
Posted on 31 Dec 2017 by Daniel M. Kowalski

Prof. Jon Bauer writes: "In a case handled by UConn Law School’s Asylum and Human Rights Clinic , a Hartford immigration judge granted asylum to R-G- , a young Salvadoran man who faced death threats from gangs in Honduras and El Salvador. R... Read More

ACLU Wins Relief for Immigrant Teens Wrongly Arrested and Jailed Without Due Process
Posted on 29 Nov 2017 by Daniel M. Kowalski

Court Establishes Nationwide Class, Orders Trump Administration to Allow Immediate Hearings ACLU, Nov. 22, 2017 - "The American Civil Liberties Union and co-counsel Cooley LLP, and Holly S. Cooper, co-director of the UC Davis Immigration Law Clinic... Read More

From School Suspension to Immigration Detention
Posted on 14 Feb 2018 by Daniel M. Kowalski

Alice Speri, The Intercept, Feb. 11, 2018 - "The path from school to immigration detention usually goes like this: A teenager, often recently resettled in the United States, gets into some sort of trouble at school. Sometimes, as in Dennis’s... Read More

3rd-Generation Gangs and Political Opinion - Jeffrey S. Chase
Posted on 6 Jun 2018 by Daniel M. Kowalski

Jeffrey S. Chase, June 3, 2018 - "When Attorney General Jeff Sessions issues his decision in Matter of A-B- (the case he certified to himself to decide whether “being a victim of private criminal activity” can constitute a particular... Read More

CA1 on IJ/BIA Errors of Fact: Perez v. Holder
Posted on 31 Jul 2014 by Daniel M. Kowalski

"As [OIL] now concedes, both the BIA and the IJ mistakenly concluded that Perez could have continued his social activism provided he paid extortion money to the gang members. But that erroneous finding conflated Perez's testimony that the gang... Read More

How ICE Uses Secret Police Databases to Arrest Immigrants
Posted on 28 Aug 2017 by Daniel M. Kowalski

Christie Thompson, Marshall Project, Aug. 28, 2017 - "In 2011, then 19-year-old Luis Vicente Pedrote-Salinas was leaving a relative’s house and getting into his car when he was stopped by Chicago police. Officers found an unopened can of beer... Read More

BIA on CIMT, Gang-Related Grafitti: Matter of Hernandez
Posted on 12 Sep 2014 by Daniel M. Kowalski

Official Headnote: Malicious vandalism in violation of section 594(a) of the California Penal Code with a gang enhancement under section 186.22(d) of the California Penal Code, which requires that the underlying offense be committed for the benefit of... Read More

CA4 on Asylum, El Salvador, MS-13, Mara 18: Aquino Cordova v. Holder
Posted on 18 Jul 2014 by Daniel M. Kowalski

"Aquino offered evidence that MS-13 subsequently killed his cousin, Vidal, and had previously killed his uncle, both of whom were members of Mara 18. We cannot agree with the Government’s characterization of this evidence as describing nothing... Read More

A Refugee Crisis, Not an Immigration Crisis: Sonia Nazario
Posted on 12 Jul 2014 by Daniel M. Kowalski

"To permanently stem this flow of children, we must address the complex root causes of violence in Honduras, as well as the demand for illegal drugs in the United States that is fueling that violence. In the meantime, however, we must recognize this... Read More

Gang Violence in Central America the Push Factor: Sonia Nazario
Posted on 5 Jun 2014 by Daniel M. Kowalski

"In the last few years, what's really been a driving factor has been the increased violence in Guatemala, El Salvador and Honduras. These are really the three countries that these children are coming from. And increasingly, these countries are... Read More

Nazario: 'We Would Be Their Executioner' By Deporting Kids
Posted on 9 Jul 2014 by Daniel M. Kowalski

A Pulitzer Prize winning author who followed the treacherous trip of a young Honduran boy to the United States said many of the children crossing the border today are refugees and should be treated as such. Sonia Nazario, who won the Pulitzer for a 2002... Read More

Violence the 'Overwhelming Factor' Pushing Kids Out of Central America: Bishop Mark Seitz
Posted on 26 Jun 2014 by Daniel M. Kowalski

"Mr. Chairman, the ongoing generalized violence, leading to coercion and threats to the lives of citizens—particularly children—of these countries, is the overwhelming factor facing these children and propelling their migration. Extortion... Read More