Immigration Law

Recent Posts

William Van Wyke
Posted on 22 Aug 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Aug. 22, 2022 "On August 14, the immigration law community lost a true giant. William Van Wyke, a former Immigration Judge, advocate, and scholar unexpectedly passed away. How does one capture William’s essence? I’m... Read More

CA7 on IJ Error: Jimenez-Aguilar v. Barr
Posted on 7 Oct 2020 by Daniel M. Kowalski

Jimenez-Aguilar v. Barr "A regulation requires an IJ to provide such notice when “an alien expresses fear of persecution or harm upon return” to his native land. 8 C.F.R. §1240.11(c)(1) (emphasis added). ... The Board held, however... Read More

Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019)
Posted on 12 Dec 2019 by Daniel M. Kowalski

Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019) (1) An Immigration Judge may rely on inconsistencies to support an adverse credibility finding as long as either the Immigration Judge, the applicant, or the Department of Homeland Security has identified... Read More

Reflections on a 40-Year Career as an Immigration Lawyer and Judge - The Hon. Dana Leigh Marks
Posted on 14 Apr 2019 by Daniel M. Kowalski

Reflections on a 40-Year Career as an Immigration Lawyer and Judge - The Hon. Dana Leigh Marks "...We must do better for ourselves and the public we serve. Our American ideal of justice demands no less. When we canaries in the immigration courtrooms... Read More

BIA on UAC Jurisdiction: Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)
Posted on 17 Oct 2018 by Daniel M. Kowalski

Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018) An Immigration Judge has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied alien child but who turned 18 before filing the application... Read More

BIA on IJ Authority to Terminate: Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
Posted on 2 Nov 2017 by Daniel M. Kowalski

Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) - An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland... Read More

Former Immigration Judge Jeffrey S. Chase Asks, 'Why?'
Posted on 31 Jan 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Jan. 26, 2018 - The Impact of the BIA's Decision in Matter of W-Y-C- & H-O-B- "In Matter of W-Y-C-& H-O-B -, 27 I&N Dec. 189 (BIA Jan. 19, 2018) , the Board of Immigration Appeals held that “an applicant... Read More

BREAKING: Sessions Imposes Quotas on Immigration Judges
Posted on 3 Apr 2018 by Daniel M. Kowalski

Laura Meckler, Wall Street Journal, Apr. 2, 2018 - "The Justice Department has notified immigration judges [ here and here ] that it will begin evaluating their job performance based on how quickly they close cases, aiming to speed deportation decisions... Read More

Immigration Judge Sues DOJ for Right to Work: Tabaddor v. Holder
Posted on 13 Aug 2014 by Daniel M. Kowalski

"Cooley LLP announced today that it filed suit against the Department of Justice ("DOJ") on behalf of sitting Immigration Judge A. Ashley Tabaddor . The lawsuit raises challenges under the First Amendment and Title VII of the Civil Rights... Read More

The Policy Implications Arising From the Blanket Recusal Order of an Immigration Judge
Posted on 9 Sep 2014 by Daniel M. Kowalski

"The recent lawsuit filed against the Department of Justice by an Iranian American immigration judge, raises interesting questions regarding the use of a blanket recusal order by the Agency in the absence of a fact-specific analysis or showing of... Read More

CA7: IJs Have U Visa Waiver Authority - L.D.G. v. Holder
Posted on 13 Mar 2014 by Daniel M. Kowalski

"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant... Read More

BIA on Immigration Judge Conduct: Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015)
Posted on 23 Nov 2015 by Daniel M. Kowalski

Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015) (1) The requirements of the Federal Rules of Evidence with respect to the admission of expert testimony are inapposite to a respondent’s testimony regarding events of which he or she has personal... Read More

Judge Marks Live Stream Today, Monday, Sept. 12, 2016 at 5:30 pm Mountain Time
Posted on 12 Sep 2016 by Daniel M. Kowalski

César Cuauhtémoc García Hernández, Sept. 12, 2016 - "Should Congress move the immigration courts out of the Justice Department and create independent courts under Article I of the U.S. Constitution? The National Association... Read More

BIA Slaps IJ for Disobedience in 212(c) Remand: Matter of X- (unpub.)
Posted on 21 Jul 2016 by Daniel M. Kowalski

Matter of X-, July 1, 2016, unpub. - "This matter was last before the Board on July 20, 2015, when we reversed the decision of the Immigration Judge denying the respondent's application for a waiver of inadmissibility under section 212(c) of... Read More

DOJ Releases IJ Ruling Calling for Removal of Salvadoran General Vides Casanova
Posted on 12 Apr 2013 by Daniel M. Kowalski

"This week, in response to a lawsuit filed by The New York Times and Julia Preston, the Department of Justice released the ruling of an immigration judge stating that Salvadoran Defense Minister Vides Casanova is subject to removal from the United... Read More