Immigration Law

Recent Posts

The Proper Test for Nexus ("On Account Of") in Asylum Law: Hon. Jeffrey S. Chase
Posted on 21 Dec 2021 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Dec, 21, 2021 "On November 4, the Board of Immigration Appeals issued its precedent decision in Matter of M-F-O- .1,2 At first glance, the decision seems to be a correction regarding when the accrual of continuous presence... Read More

Tags: nexus , asylum

BIA on Nexus, Jurisdiction, Voluntary Departure: Matter of M-F-O-
Posted on 4 Nov 2021 by Daniel M. Kowalski

Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021) - A notice to appear that does not specify the time or place of a respondent’s initial removal hearing does not end the accrual of physical presence for purposes of voluntary departure at the conclusion... Read More

CA4 on Nexus: Aleman-Medrano v. Garland (Unpub.)
Posted on 2 Nov 2021 by Daniel M. Kowalski

Aleman-Medrano v. Garland "Aleman-Medrano’s central argument on appeal is that the agency [EOIR: the IJ and the BIA] erred at the second step of the analysis, improperly rejecting his claim that he was targeted by gang members “on account... Read More

CA4 on Evidence, Social Group, Nexus, Honduras: Arita-Deras v. Wilkinson
Posted on 5 Mar 2021 by Daniel M. Kowalski

Arita-Deras v. Wilkinson "Maria Del Refugio Arita-Deras, a native and citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (the Board). The Board affirmed an immigration judge’s... Read More

CA4 on Guatemala, Nexus: Argueta Diaz de Gomez v. Wilkinson
Posted on 9 Feb 2021 by Daniel M. Kowalski

Argueta Diaz de Gomez v. Wilkinson "Diaz de Gomez claims that she received repeated death threats from a gang in Guatemala after she and her family witnessed a mass killing by gang members and refused to acquiesce to the gang’s extortion... Read More

Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)
Posted on 25 Sep 2020 by Daniel M. Kowalski

Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (1) In conducting its review of an alien’s asylum claim, the Board of Immigration Appeals (“Board”) must examine de novo whether the facts found by the immigration judge satisfy all... Read More

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico
Posted on 26 Apr 2016 by Daniel M. Kowalski

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude... Read More

CA5 on Asylum, Nepal, Nexus: Sharma v. Holder
Posted on 31 Aug 2013 by Daniel M. Kowalski

"Nepalese citizen Khagendra Sharma petitions for review of the Board of Immigration Appeals (BIA) denial of his application for asylum and withholding of removal under 8 U.S.C. § 1252(b) and the Convention Against Torture (CAT), arguing that... Read More

CA4 on Asylum, Nexus, Honduras: Cantillano Cruz v. Sessions
Posted on 13 Mar 2017 by Daniel M. Kowalski

Cantilloano Cruz v. Sessions, Mar. 13, 2017 - "Luz Marina Cantillano Cruz (Cantillano Cruz), a citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA).1 The BIA affirmed an immigration... Read More

Tags: nexus , Honduras , asylum

Residency Rule Relaxed for Canadian NEXUS Applicants
Posted on 12 Jul 2012 by Daniel M. Kowalski

"The United States and Canada are continuing to deliver on key commitments under the Beyond the Border Action Plan for Perimeter Security and Economic Competitiveness. Announced today and effective immediately, the Canada Border Services Agency lifted... Read More

Tags: Canada , cbp , Residency , nexus

Excerpts from the June 1, 2012, Bender’s Immigration Bulletin: ELIS Launches
Posted on 23 May 2012 by LexisNexis Immigration Law Community Staff

ELIS Launch On Tuesday, May 22, U.S. Citizenship and Immigration Services (USCIS) launched the initial release of its new electronic immigration system, USCIS ELIS. ELIS is the agency’s first-ever online immigration system created to modernize... Read More

CA4 on Honduras, MS-13, Nexus - Salgado-Sosa v. Sessions
Posted on 19 Feb 2018 by Daniel M. Kowalski

Salgado-Sosa v. Sessions, Feb. 13, 2018 - "Reynaldo Salgado-Sosa, a native and citizen of Honduras, seeks asylum, withholding of removal, and protection under the Convention Against Torture. If he is returned to Honduras, he fears, he will face persecution... Read More