Immigration Law

Recent Posts

Rare BIA Victory for Gay Jamaican Man: UPDATE (Nov. 10, 2021)
Posted on 26 Sep 2021 by Daniel M. Kowalski

Spring, Texas attorney Veronica Semino scored this unpublished BIA remand for her client, who was detained in Oakdale. UPDATE: On Nov. 10th, the IJ granted AOS and the client was released from ICE detention! In the single-member decision dated Aug... Read More

CA2 on Jurisdiction, CAT, Jamaica: Manning v. Barr
Posted on 31 Mar 2020 by Daniel M. Kowalski

Manning v. Barr "We hold that the jurisdictional provision in 8 U.S.C. § 1252(a)(2)(C), which limits this Court’s jurisdiction, applies only to cases where the Immigration Judge (“IJ”) has found a petitioner removable based... Read More

CA7 on New Evidence: Fuller III
Posted on 24 Jan 2019 by Daniel M. Kowalski

Fuller v. Whitaker "Fuller contends that he likely will face torture upon return to his native Jamaica because he is bisexual. The Board previously had sustained an Immigration Judge’s finding that Fuller had not presented a credible case... Read More

Unpub. (Pro Se) BIA CAT Victory: Gay Men Subject to Torture in Jamaica; Bromfield Cited
Posted on 4 Jul 2012 by Daniel M. Kowalski

Matter of X-, June 7, 2012, unpub . - "As urged by the applicant on appeal, the evidence in the record indicates that the situation in Jamaica involves more than isolated instances of discrimination or harassment based on homophobic societal attitudes... Read More

Tags: torture , gay , cat , bia , bromfield , jamaica

Posner Dissents in CA7 Jamaican CAT Case: Fuller v. Lynch
Posted on 18 Aug 2016 by Daniel M. Kowalski

"The majority opinion upholds the denial of relief to Ray Fuller, a Jamaican citizen who seeks relief against removal to Jamaica. His ground for relief is that in Jamaica he would face a likelihood of persecution and torture because he is bisexual... Read More

CA3 on CAT, Jamaica: Roye v. Atty. Gen.
Posted on 10 Sep 2012 by Daniel M. Kowalski

"Roye asserts that he is entitled to deferral of removal under the United Nations Convention Against Torture (“CAT”) because, if removed to his home country, he will likely be imprisoned and, with the consent or acquiescence of the Jamaican... Read More