Immigration Law

Recent Posts

Deported for a Crime He Didn’t Commit — to the Wrong Country
Posted on 25 Apr 2019 by Daniel M. Kowalski

Scott Bixby, Daily Beast, Apr. 25, 2019 "A longtime legal resident of the United States may have been deported to the wrong country for a crime he didn’t commit—all due to what a foreign court has determined could be a case of mistaken... Read More

How the BIA Works
Posted on 25 Apr 2019 by Daniel M. Kowalski

See attorney Matthew Hoppock's Twitter feed and his blog for the results of his FOIA requests revealing fascinating internal BIA documents. Read More

Tags: bia , hoppock , FOIA

AAO Grants T Visa Appeal About Presence “On Account of” Trafficking
Posted on 8 Apr 2019 by Daniel M. Kowalski

Matthew Hoppock, Apr. 7, 2019 "After an informal policy shift last year led the USCIS to start denying human trafficking visas by misreading the statutory text, creating a requirement that never existed before, we’ve won our first appeal... Read More

CA8 on Remands: Caballero-Martinez v. Barr
Posted on 3 Apr 2019 by Daniel M. Kowalski

ballero-Martinez v. Barr "[W]e ask the BIA to explain its decision not to apply the Sanchez-Sosa factors to Caballero-Martinez’s remand request in its December analysis. In short, we ask the BIA to explain why it ultimately made no difference... Read More

Tags: bia , hoppock , remand

Did the BIA Edit the Attorney General’s Decision in Matter of Castro-Tum? If So, Does it Matter?
Posted on 2 Nov 2018 by Daniel M. Kowalski

Matthew Hoppock, Nov. 2, 2018 - "A series of FOIA requests regarding the Attorney General’s decision in Matter of Castro-Tum seem to have revealed something strange about that decision: it was edited after the Attorney General issued it. ... Read More

The Supreme Court, EOIR and a Little Thing Called ISS - Matthew Hoppock
Posted on 22 Sep 2018 by Daniel M. Kowalski

Matthew Hoppock, Sept. 20, 2018 - Post-Pereira, the DOJ Chooses Harsh IJ Performance Metrics Over Compliance With Supreme Court Mandate "It is starting to appear the Department of Justice has chosen not to comply with the Supreme Court’s... Read More

FOIA Results: Immigration Judges’ Conference Materials for 2018
Posted on 22 Aug 2018 by Daniel M. Kowalski

Matthew Hoppock, Aug 21, 2018 - "Every summer the Immigration Judges from around the country meet in suburban Washington D.C. for a training session. The training materials are interesting, because they help us understand the IJs’ thinking... Read More

CA8 on Standard of Review: Garcia-Mata v. Sessions
Posted on 2 Jul 2018 by Daniel M. Kowalski

Garcia-Mata v. Sessions - "Maria Garcia-Mata, a citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals. After an immigration judge ordered withholding of removal, the Board vacated that decision, denied relief,... Read More

BIA Overrules Sanchez-Lopez! (Matter of Sanchez-Lopez II)
Posted on 20 Apr 2018 by Daniel M. Kowalski

Matter of Sanchez-Lopez II - The offense of stalking in violation of section 646.9 of the California Penal Code is not “a crime of stalking” under section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E... Read More

FOIA Reveals "Wave Through" BIA Oral Argument Transcript, Amicus Briefs
Posted on 13 Mar 2018 by Daniel M. Kowalski

Hats off to Matthew Hoppock excellent FOIA work on Amicus Invitation No. 16-09-19 Transcript of 3-22-17 oral argument: http://docufreedom.com/wp-content/uploads/2018/03/Castillo-Angulo-Transcript.pdf Amicus briefs: http://docufreedom.com/wp-content... Read More

CA5 on Cancellation, 'Admitted in Any Status' - Tula-Rubio v. Lynch
Posted on 22 May 2015 by Daniel M. Kowalski

"Tula-Rubio contends that he satisfies the seven-year continuous-residency requirement of the second element because he was waved through a border crossing in 1992, while the Government argues that the Board correctly held that this entry into the... Read More

Unpub. BIA Waiver Victory: Matter of M-S- (Feb. 9, 2017)
Posted on 17 Feb 2017 by Daniel M. Kowalski

Matthew L. Hoppock writes: "This is a case where our client had an old conviction that was an Aggravated Felony and a crime involving moral turpitude, but was waivable under INA 212(c). He also a conviction that was too recent to be waived under... Read More

CA9 on 'Particularly Serious Crime' - Alphonsus v. Holder
Posted on 18 Jan 2013 by Daniel M. Kowalski

"Anthony Aloysius Alphonsus petitions for review of a BIA decision ordering him removed to his native Bangladesh. The BIA affirmed the immigration judge’s (“IJ”) determination that Alphonsus is ineligible for withholding of removal... Read More

Unpub. CA10 Habeas / Jurisdiction Victory: Musau v. Carlson
Posted on 18 Oct 2012 by Daniel M. Kowalski

"On appeal, Mr. Musau reiterates that he has no means, other than his petition for a writ of habeas corpus, by which to enforce his rights under the CATOC. He appears to be correct, at least at present, insofar as immigration tribunals are concerned... 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