Immigration Law

Recent Posts

CA4 Rejects BIA's "Fruition" Test: Sorto-Guzman v. Garland
Posted on 3 Aug 2022 by Daniel M. Kowalski

Sorto-Guzman v. Garland "Petitioners Zoila Sorto-Guzman and Axel Rivas-Sorto, a twenty-three-year-old mother and her seven-year-old son, respectively, seek asylum in the United States after fleeing El Salvador following death threats and violence... Read More

CA5 on Honduras, Gangs, Persecution: Morales Lopez v. Garland
Posted on 20 Mar 2021 by Daniel M. Kowalski

orales Lopez v. Garland (unpub.) "[W]e agree with her overarching point: the IJ and the BIA improperly determined that Morales Lopez did not make a sufficient showing of past persecution and a well-founded fear of future persecution. ... Morales... Read More

CA4 on Evidence, Social Group, Nexus, Honduras: Arita-Deras v. Wilkinson
Posted on 5 Mar 2021 by Daniel M. Kowalski

Arita-Deras v. Wilkinson "Maria Del Refugio Arita-Deras, a native and citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (the Board). The Board affirmed an immigration judge’s... Read More

CA4 on Guatemala, Nexus: Argueta Diaz de Gomez v. Wilkinson
Posted on 9 Feb 2021 by Daniel M. Kowalski

Argueta Diaz de Gomez v. Wilkinson "Diaz de Gomez claims that she received repeated death threats from a gang in Guatemala after she and her family witnessed a mass killing by gang members and refused to acquiesce to the gang’s extortion... Read More

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

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

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

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

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