Immigration Law

Recent Posts

A.G. on Cancellation, GMC, Multiple DUIs: Matter of Castillo-Perez, 27 I&N Dec. 495 (A.G. 2018)
Posted on 4 Dec 2018 by Daniel M. Kowalski

Matter of Castillo-Perez, 27 I&N Dec. 495 (A.G. 2018) Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in... Read More

CA9 Says INA Sec. 101(f)(1) Unconstitutional - Ledezma-Cosino v. Lynch
Posted on 24 Mar 2016 by Daniel M. Kowalski

Ledezma-Cosino v. Lynch, Mar. 24, 2016 - "We hold that, under the Equal Protection Clause, a person’s medical disability lacks any rational relation to his classification as a person with bad moral character, and that § 1101(f)(1) is therefore... Read More

Judicial Rebuke to DHS Sends Message re Citizenship, Muslims, Good Moral Character
Posted on 30 Jul 2012 by Daniel M. Kowalski

"A nearly five-year legal saga will conclude Thursday for Falls Church resident Jamal Abusamhadaneh when he takes the oath of citizenship at a federal courthouse, after a federal judge ruled that immigration authorities wrongly drew sinister conclusions... Read More

Will Bieber Face Problems at the Border?
Posted on 2 Feb 2014 by Daniel M. Kowalski

"Justin Bieber's recent arrest in Miami has left many of his young fans disappointed, but they aren't the only one's concerned with the pop star's "good moral character". Bieber, a Canadian, is reportedly in the U.S. on... Read More

You Can Die For America, But You Can't Vote
Posted on 8 May 2015 by Daniel M. Kowalski

"Kenyan native John Chombo was studying in the United States to become a nurse when he heard the U.S. Army was looking for people with health care or special language skills. He was qualified on both counts. He was studying nursing and was fluent... Read More

Highlights of 'Good Moral Character' (GMC) in Naturalization: Myriam Jaidi
Posted on 7 Jan 2014 by Daniel M. Kowalski

" In order to qualify for naturalization, an applicant must demonstrate that she is or was a person of good moral character (GMC) throughout the relevant statutory period and through the time she takes the oath of allegiance. See Immigration and... Read More

CA9 to Revisit 'Habitual Drunkard / GMC' Case En Banc - Ledezma-Cosino v. Lynch
Posted on 14 Oct 2016 by Daniel M. Kowalski

Ledezma-Cosino v. Lynch, Oct. 12, 2016 - "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel... Read More

CA9 on GMC, Fraud: Wang v. Rodriguez
Posted on 29 Jul 2016 by Daniel M. Kowalski

Wang v. Rodriguez, July 27, 2016 - "Lifeng Wang, a lawful permanent resident, was convicted of one count of trafficking in counterfeit goods in violation of 18 U.S.C. § 2320(a). Based on that conviction, U.S. Citizenship and Immigration Services... Read More

Blockbuster GMC Victory in Virginia: Abusamhadaneh v. Taylor
Posted on 8 Jun 2012 by Daniel M. Kowalski

"Last night, Mr. J.A. slept soundly for the first time in more than four years. On June 5, 2012, Judge James C. Cacheris of the U.S. District Court for the Eastern District of Virginia issued a 90-page decision finding Mr. J.A. to be a person... Read More

CA8 on Past Persecution, GMC: Flores v. Holder
Posted on 7 Nov 2012 by Daniel M. Kowalski

"Reviewing the BIA's opinion, it is unclear why the BIA upheld the IJ's finding that Flores did not suffer past persecution. ... Remand is also necessary because if the BIA is upholding the IJ's apparent adoption of a blanket rule that... Read More

BIA on Good Moral Character: Matter of Gomez-Beltran
Posted on 28 Jun 2016 by Daniel M. Kowalski

Matter of Gomez-Beltran, 26 I&N Dec. 765 (BIA 2016) - "An alien cannot establish good moral character under section 101(f)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1101(f)(6) (2012), if, during the period for which it is required... Read More

Unpub. BIA Cancellation Remand Victory
Posted on 12 Sep 2012 by Daniel M. Kowalski

"Pursuant to Matter of Ortega-Cabrera, 23 I&N Dec. 793 (BIA 2005), because an application for cancellation of removal under section 240A(b )(1) of the Act, 8 U.S.C. § 1229(b)(1), is a continuing one for purposes of evaluating an alien's... Read More