Immigration Law

Recent Posts

Unpub. BIA Victory: Mexico, WH/CAT, Imputed Nationality
Posted on 4 Jun 2019 by Daniel M. Kowalski

Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that... Read More

CA1 on Imputed Political Opinion, Pakistan: Javed v. Holder
Posted on 28 May 2013 by Daniel M. Kowalski

"Javed's credible, factual testimony amply established that his persecutors imputed a political opinion to him (albeit incorrectly), and that this opinion was at least a "central reason" for their attacks on him. ... The Board and IJ's... Read More

BIA on Imputed Presence/Residence: Matter of Duarte-Luna & Luna
Posted on 20 Jun 2014 by Daniel M. Kowalski

"A parent’s continuous physical presence and continuous residence in the United States cannot be imputed to a child for purposes of establishing the child’s eligibility for Temporary Protected Status." - Matter of Duarte-Luna &... Read More

CA9 on Armenia, Imputed Political Opinion: Khudaverdyan v. Holder
Posted on 27 Feb 2015 by Daniel M. Kowalski

"Petitioners Hayk and Nadezhda Khudaverdyan seek asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), Dec. 10, 1984,... Read More

BIA on Imputed Residence: Matter of Montoya-Silva, Int. Dec. No. 3781, 26 I&N Dec. 123 (BIA 2013)
Posted on 9 May 2013 by Daniel M. Kowalski

Matter of Montoya-Silva, Int. Dec. No. 3781, 26 I&N Dec. 123 (BIA 2013) - A parent’s lawful permanent resident status and residence in the United States cannot be imputed to an unemancipated minor for purposes of establishing the child’s... Read More