Immigration Law

Recent Posts

Unpub. CA10 MTR Remand: Singh v. Garland
Posted on 12 Oct 2022 by Daniel M. Kowalski

Singh v. Garland "Singh argues the BIA committed legal error in denying his motion to reopen because it failed to cite or apply the prejudice standard from Matter of Lozada and its progeny—i.e., that the alien “show a reasonable likelihood... Read More

CA3 on Ineffective Assistance: Saint Ford II
Posted on 12 Oct 2022 by Daniel M. Kowalski

Saint Ford v. Atty. Gen. "The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be... Read More

CA3 on Ineffective Assistance of Counsel: Saint Ford v. Garland
Posted on 17 May 2022 by Daniel M. Kowalski

Saint Ford v. Garland "The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be particularly... Read More

Unpub. CA11 Remand: Nyang v. U.S. Atty. Gen. (Second MTR, IAC, Equitable Tolling)
Posted on 24 Apr 2021 by Daniel M. Kowalski

Nyang v. U.S. Atty. Gen. "Nyang petitions for review of the order of the Board of Immigration Appeals (“BIA”) denying his second motion to reopen his removal proceedings (“second motion”) based on claims of ineffective assistance... Read More

BIA on IAC: Matter of Melgar
Posted on 4 Dec 2020 by Daniel M. Kowalski

Matter of Melgar, 28 I&N Dec. 169 (BIA 2020) (1) Counsel’s acceptance of responsibility for error does not discharge the disciplinary authority complaint obligation under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), particularly where... Read More

BIA on IAC, Discretion: Matter of H-Y-Z-, 28 I&N Dec. 156 (BIA 2020)
Posted on 13 Nov 2020 by Daniel M. Kowalski

Matter of H-Y-Z-, 28 I&N Dec. 156 (BIA 2020) - Absent a showing of prejudice on account of ineffective assistance of counsel, or a showing that clearly undermines the validity and finality of the finding, it is inappropriate for the Board to favorably... Read More

CA3 on Ineffective Assistance: Calderon-Rosas v. Atty. Gen.
Posted on 27 Apr 2020 by Daniel M. Kowalski

Calderon-Rosas v. Atty. Gen. "Immigration law is a field in which fair, accurate factfinding is of critical importance. The need in immigration proceedings for effective attorneys who can competently marshal the evidence on each side is therefore... Read More

CA11 on Ineffective Assistance: Sow v. Barr
Posted on 18 Feb 2020 by Daniel M. Kowalski

Sow v. Barr "Hamid Sow, a citizen of Guinea, seeks review of the Board of Immigration Appeals’ (BIA) denial of his motion to remand based upon ineffective assistance of counsel and motion to reopen based upon new evidence. After careful review... Read More

CA3 on Jurisdiction, Collateral Attack, Ineffective Assistance: US v. Dohou
Posted on 28 Jan 2020 by Daniel M. Kowalski

US v. Dohou "We hold that a removal order that was never in fact reviewed by an Article III judge remains subject to collateral attack in a hindering-removal prosecution based on that order. The Immigration and Nationality Act authorizes such collateral... Read More

CA6 on Ineffective Assistance of Counsel: Kada v. Barr
Posted on 10 Jan 2020 by Daniel M. Kowalski

Kada v. Barr "In this consolidated appeal, Petitioner Samir Kada seeks review of orders from the Board of Immigration Appeals (BIA) denying his motions to reopen. Kada argues that his due process rights were violated due to his attorney’s... Read More

CA4 on Ineffective Assistance: U.S. v. Carrillo Murillo
Posted on 26 Jun 2019 by Daniel M. Kowalski

U.S. v. Carrillo Murillo "Appellant prioritized immigration in the plea negotiation process and had a significant reason to do so: avoiding mandatory separation from his family and his home. The qualified statements from Appellant’s plea... Read More

CA2 Slams Feds in Coram Nobis Writ: Doe v. US
Posted on 16 Feb 2019 by Daniel M. Kowalski

Doe v. US "The petition argues that Doe’s defense counsel was ineffective in affirmatively assuring him that there should be no immigration consequences for pleading guilty when, in fact, the crime to which he pleaded was an aggravated felony... Read More

CA11 on Ineffective Assistance: Flores-Panameno v. US Atty. Gen.
Posted on 22 Jan 2019 by Daniel M. Kowalski

Flores-Panameno v. US Atty. Gen. "Elida Antonia Flores-Panameno petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of her appeal. In short, Flores-Panameno asserts she received ineffective assistance... Read More

Supreme Court (6-2) on Ineffective Assistance of Counsel: Jae Lee v. U.S.
Posted on 23 Jun 2017 by Daniel M. Kowalski

Jae Lee v. U.S., June 23, 2017 - "Petitioner Jae Lee was indicted on one count of possessing ecstasy with intent to distribute. Although he has lived in this country for most of his life, Lee is not a United States citizen, and he feared that a criminal... Read More