Immigration Law

Recent Posts

CA9 on Notice, In Absentia, Motion to Reopen, Abuse of Discretion: Perez-Portillo v. Garland
Posted on 31 Dec 2022 by Daniel M. Kowalski

Perez-Portillo v. Garland "Petitioners Idania Yamileth Perez-Portillo and her minor daughter, Stefani Abigail Arevalo-Perez, 1 seek review of the Board of Immigration Appeals’ (BIA) dismissal of Perez-Portillo’s appeal from an Immigration... Read More

CA9 on Notice, Motions to Reopen, Exceptional Circumstances: Juarez Castro v. Garland
Posted on 2 Dec 2022 by Daniel M. Kowalski

Juarez Castro v. Garland (unpub.) "Petitioner Laura Catalina Juarez Castro, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (BIA) order affirming the immigration judge’s (IJ) denial of... Read More

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

Unpub. CA5 "Exceptional Circumstances" Remand: Perez-Vasquez v. Garland
Posted on 22 Jul 2022 by Daniel M. Kowalski

Perez-Vasquez v. Garland "Perez-Vasquez is correct that the BIA erred by failing to address key evidence. See Cabrera v. Sessions, 890 F.3d 153, 162 (5th Cir. 2018). Specifically, the BIA did not consider several factors he raised in his motion... Read More

Practice Advisory: Post-Conviction Relief Motions to Reopen
Posted on 27 Jun 2022 by Daniel M. Kowalski

NIPNLG, ILRC, June 24, 2022 "This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief." Copyright 2022, National Immigration Project of the National Lawyers... Read More

Matter of Nchifor, 28 I&N Dec. 585 (BIA 2022)
Posted on 24 Jun 2022 by Daniel M. Kowalski

Matter of Nchifor, 28 I&N Dec. 585 (BIA 2022) - A respondent who raises an objection to missing time or place information in a notice to appear for the first time in a motion to reopen has forfeited that objection. "We ... agree with the Fifth... Read More

CA5 (2-1) on Motions to Reopen, Change in Law: Gonzalez Hernandez v. Garland
Posted on 13 Aug 2021 by Daniel M. Kowalski

Gonzalez Hernandez v. Garland Majority : "Because the statute specifies that a motion to reopen must state “new facts,” and Gonzalez Hernandez’s motion arose from a change in law, the BIA’s decision not to construe Gonzalez... Read More

CA6 on Exceptional Circumstances: E.A.C.A. v. Rosen
Posted on 12 Jan 2021 by Daniel M. Kowalski

E.A.C.A. v. Rosen "[W]e conclude that the BIA abused its discretion by denying E.A.’s motion to reopen. E.A.’s mother’s recent childbirth is a serious medical event, which coupled with E.A.’s minor age, her difficulty obtaining... Read More

EOIR Proposed Rule: Motions to Reopen and Reconsider; Effect of Departure; Stay of Removal
Posted on 25 Nov 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 "The Department of Justice (“Department”) proposes to amend Executive Office for Immigration Review (“EOIR”) regulations governing the filing and adjudication... Read More

CA9 on Asylum, Motions to Reopen: Aliyev v. Barr
Posted on 24 Aug 2020 by Daniel M. Kowalski

Aliyev v. Barr "We hold that the BIA abused its discretion by determining that a noncitizen who seeks to reopen an earlier application for relief and attaches that application to the motion has failed to attach the “appropriate application... Read More

CA7 on Motions to Reopen: Salazar-Marroquin v. Barr
Posted on 14 Aug 2020 by Daniel M. Kowalski

Salazar-Marroquin v. Barr "We conclude that under Fuller v. Whitaker, 914 F.3d 514 (7th Cir. 2019), petitioner is entitled to have the Board of Immigration Appeals take a fresh look at his motion to have his case reopened based on evidence that... Read More

CA2 on Changed Country Conditions: Tanusantoso v. Barr
Posted on 24 Jun 2020 by Daniel M. Kowalski

Tanusantoso v. Barr "Harmanto Tanusantoso and Wiwik Widayati (collectively, Petitioners) petitioned for review after the Board of Immigration Appeals (BIA) denied their third motion to reopen, in which they alleged a change of country conditions... Read More

CA11 on Evidence: Krisnawati v. Barr
Posted on 26 Mar 2020 by Daniel M. Kowalski

Krisnawati v. Barr (unpub.) "Meilina Krisnawati, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen her removal proceedings. Krisnawati argues... Read More

CA9 on Motions to Reopen: Diaz Martinez v. Barr
Posted on 31 Oct 2019 by Daniel M. Kowalski

Diaz Martinez v. Barr "We determine that we have jurisdiction over the petition for review of the first MTR, as the petition ripened prior to consideration on the merits here. Pursuant to 8 U.S.C. § 1229a(b)(5)(C)(ii), we conclude that Diaz... Read More

CA1 Reopening Victory: Perez-Tino v. Barr (Guatemala; Changed Country Conditions)
Posted on 31 Aug 2019 by Daniel M. Kowalski

Perez-Tino v. Barr "Marta Perez-Tino is a Guatemalan national of Mayan K'Iche' descent who entered the United States in 2001 without inspection. Facing the prospect of removal on the basis of a 2010 Board of Immigration Appeals ("BIA"... Read More