Immigration Law

Recent Posts

A Victim of Terrorism Faces Deportation for Helping Terrorists
Posted on 14 Jun 2019 by Daniel M. Kowalski

Jenna Krajeski, The New Yorker, June 12, 2019 "[I]n June, 2018, the Board of Immigration Appeals, which reviews rulings made in immigration court, issued a two-to-one decision denying Ana’s most recent request to stay in the U.S. The judges... Read More

In Today's Federal Register, 3 DHS Notices, 2 DOS Notices
Posted on 24 Apr 2019 by Daniel M. Kowalski

April 24, 2019 DHS on waiving laws to build border barriers, roads: https://www.govinfo.gov/content/pkg/FR-2019-04-24/pdf/2019-08289.pdf https://www.govinfo.gov/content/pkg/FR-2019-04-24/pdf/2019-08290.pdf https://www.govinfo.gov/content/pkg... Read More

USCIS Posts 2 New 'Material Support' Policy Memos; May 8, 2015
Posted on 19 May 2015 by Daniel M. Kowalski

PM-602-0112, May 8, 2015 - Implementation of the Discretionary Exemption Authority under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act for the Provision of Certain Limited Material Support PM-602-0113, May 8, 2015 - Implementation... Read More

Jeffrey S. Chase on Matter of A-C-M-: Punishing the Victims
Posted on 9 Jun 2018 by Daniel M. Kowalski

Jeffrey S. Chase, June 9, 2018 - "On June 6, the BIA published its precedent decision in Matter of A-C-M- . As the Board seems to no longer issue precedent decisions en banc, the decision is that of a divided three-judge panel. The two-judge majority... Read More

BIA: Forced Labor in 1990 Triggers 'Material Support' Bar - Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018)
Posted on 6 Jun 2018 by Daniel M. Kowalski

Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018) - (1) An alien provides “material support” to a terrorist organization if the act has a logical and reasonably foreseeable tendency to promote, sustain, or maintain the organization, even... Read More

BIA: No Implied Duress Exemption to Material Support Bar - Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)
Posted on 10 Jun 2016 by Daniel M. Kowalski

Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016) - The “material support bar” in section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), does not include an implied exception for an... Read More

CA5 on Terrorist Activity Asylum/AOS Bar: Amrollah v. Napolitano
Posted on 5 Mar 2013 by Daniel M. Kowalski

"The government denied Amrollah’s application for permanent resident status after it concluded that Amrollah had engaged in terrorist activity under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) (2010) by providing material support to a Tier III... Read More

DHS 'material support' waiver determination
Posted on 13 Nov 2011 by Daniel M. Kowalski

DEPARTMENT OF HOMELAND SECURITY - Office of the Secretary - Exercise of Authority Under the Immigration and Nationality Act: "Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion... Read More

Advance Copies of TRIG Exemptions for 'Limited' and 'Insignificant' Material Support
Posted on 4 Feb 2014 by Daniel M. Kowalski

"...paragraphs 212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb) and (dd), shall not apply with respect to an alien who provided limited material support to an organization described in section 212(a)(3)(B)(vi)(III... Read More

BIA Amicus Invitation - Material Support Bar
Posted on 9 Jan 2017 by Daniel M. Kowalski

EOIR, Jan. 9, 2017 - "Amicus Invitation No. 17-01-09 AMICUS INVITATION (MATERIAL SUPPORT BAR), DUE FEBRUARY 8, 2017 JANUARY 9, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

USCIS Policy Memo re Material Support, medical care
Posted on 25 Nov 2011 by Daniel M. Kowalski

PM-602-0052 - Implementation of New Exemption Under INA Section 212(d)(3)(B)(i) for the Provision of Material Support in the Form of Medical Care Purpose - "On October 13, 2011, following consultation with the Secretary of State and the Attorney... Read More

TRIG Exemptions for DMLEK and ELF
Posted on 3 Nov 2013 by Daniel M. Kowalski

"Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8... Read More

Advance Copy of DHS "material support" waiver determination
Posted on 10 Nov 2011 by Daniel M. Kowalski

"Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8... Read More

CA9 on Material Support: Budiono v. Lynch
Posted on 21 Sep 2016 by Daniel M. Kowalski

Budiono v. Lynch, Sept. 21, 2016 - "Budiono, a native of Indonesia, petitions for review of a Board of Immigration Appeals’ (the “Board”) decision affirming the Immigration Judge’s (“IJ”) order of removal. The... Read More

DOS/DHS Add Two New TRIG Material Support Exemptions
Posted on 5 Feb 2014 by Daniel M. Kowalski

"... paragraphs 212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb) and (dd), shall not apply with respect to an alien who provided limited material support to an organization described in section 212(a)(3)(B)(vi)(III... Read More