Immigration Law

Recent Posts

Unpub. CA6 on Honduras, Social Group: Corea Escoto v. Garland
Posted on 7 Jul 2021 by Daniel M. Kowalski

Corea Escoto v. Garland (unpub.) "Given the BIA’s repeated reliance on A-B-, briefing on the effect of A-B-’s overruling is necessary. We remand to the BIA to reconsider Corea’s asylum claim in the first instance, this time under... Read More

The “Complete Helplessness” of Matter of A-B- And One More Last Ditch Effort to Torpedo Asylum
Posted on 21 Jan 2021 by Daniel M. Kowalski

Prof. Geoffrey A. Hoffman, Jan. 19, 2021 "The latest decision from Acting Attorney General Rosen in Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) evidences, in many ways, what has been wrong about asylum adjudication under the current outgoing... Read More

Hon. Jeffrey S. Chase on Matter of A-B-: A Parting Shot at Women
Posted on 20 Jan 2021 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Jan. 19, 2021 "As the Trump Administration comes to an end, let’s remember how it began. On the day following the inauguration, millions participated in Women’s Marches around the world. There is sadly no need... Read More

Acting A.G. Remands Matter of A-B-
Posted on 14 Jan 2021 by Daniel M. Kowalski

Acting Attorney General, Jan. 14, 2021, Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) Headnotes: (1) Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), did not alter the existing standard for determining whether a government is “unwilling or... Read More

Domestic and Gang Violence Claims After Matter of A-B-: Reactions to the Case and Strategies for Success
Posted on 4 Nov 2020 by Daniel M. Kowalski

Courtney May and Stephen Yale-Loehr, Nov. 2020 "In June 2018, former Attorney General Sessions issued a precedential opinion in Matter of A-B- that on its face restricts the availability of asylum in the United States for survivors of domestic... Read More

9th Cir. Sets BIA Straight on 'Circularity' - Jeffrey S. Chase
Posted on 10 Aug 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 10, 2020 "On August 7, the U.S Court of Appeals for the Ninth Circuit dealt a blow to the Trump Administration’s attacks on domestic violence-based asylum claims. In Diaz-Reynoso v. Barr , the petitioner applied for... Read More

CA9 on Circularity, Matter of A-B-, Guatemala, Social Group: Diaz-Reynozo v. Barr
Posted on 10 Aug 2020 by Daniel M. Kowalski

Diaz-Reynoso v. Barr "Sontos Maudilia Diaz-Reynoso, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing her appeal of an Immigration Judge’s (IJ) order denying her application... Read More

CA6 Dumps Matter of A-B-: Juan Antonio v. Barr
Posted on 20 May 2020 by Daniel M. Kowalski

Juan Antonio v. Barr "Maria Magdalena Juan Antonio, a native and citizen of Guatemala, appeals from the Board of Immigration Appeals’ (the “Board”) denial of her application for asylum and withholding of removal. In its denial... Read More

Jeffrey S. Chase: Litigation Support in Domestic Violence Case
Posted on 23 Dec 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 23, 2019 "Since the issuance of the Attorney General’s decision in Matter of A-B- in June 2018, further guidance from the courts has been slow in coming. The case of A-B- herself remains pending at the BIA. After initially... Read More

Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase
Posted on 12 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers... Read More

IJ Eileen Trujillo Recognizes “Women in Mexico” as PSG, Finds Nexus, Grants Asylum, Distinguishes A-B-
Posted on 22 Mar 2019 by Daniel M. Kowalski

Paul W. Schmidt, Mar. 21, 2019 "JUSTICE PREVAILS AGAIN IN IMMIGRATION COURTS EVEN IN THE “POST-A-B-“ ERA — Outstanding Analysis By Judge Eileen Trujillo Of The U.S. Immigration Court In Denver, CO, Recognizes “Women In Mexico”... Read More

Cyrus Mehta: Advancing a 'Social Group Plus' Claim After Matter of A-B-
Posted on 12 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 9, 2019 "In Matter of A-B – , 27 I&N Dec. 227 (A.G. 2018), former Attorney General Jeff Sessions overruled a prior Board of Immigration Appeals (BIA) precedent, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which... Read More

Post-Matter of A-B- Victories
Posted on 18 Jan 2019 by Daniel M. Kowalski

Immigration Courtside, Jan. 17, 2019 The Hon. Paul W. Schmidt writes: "Here are two redacted “post- Matter of A-B- ” decisions from U.S.Immigration Judges correctly interpreting the law to grant relief to refugee women from Central... Read More

New Guidance to IJs and AOs pursuant to Grace v. Whitaker
Posted on 14 Jan 2019 by Daniel M. Kowalski

Karen Musalo , Bank of America Foundation Chair in International Law and Professor & Director, Center for Gender & Refugee Studies at U.C. Hastings College of the Law writes: "Following up on U.S. District Court Judge Emmet Sullivan’s... Read More

Jeffrey S. Chase on the Impact of Grace v. Whitaker
Posted on 25 Dec 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 24, 2018 - "Six months after a significant number of U.S. immigration judges cheered a decision intended to revoke the hard-earned right of domestic violence victims to asylum protection, immigration advocates had their chance... Read More