Immigration Law

Recent Posts

CA4 on Evidence, Social Group: Hernandez-Cartagena v. Barr
Posted on 15 Oct 2020 by Daniel M. Kowalski

Hernandez-Cartagena v. Barr "Petitioner is correct that the IJ and BIA failed to adequately address unrebutted evidence in the record -- evidence that compels the conclusion that Petitioner’s family membership was at least one central reason... Read More

Jeffrey S. Chase on Social Group, Relocation (Akosung v. Barr)
Posted on 17 Aug 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 16, 2020 "In Akosung v. Barr , a young woman from Cameroon had been sentenced against her will to marry the village chieftain, or Fon , in order to settle a family debt. Not wishing to suffer this fate, she first hid locally... 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

CA2 on One Year Filing Deadline, PSG: Ordonez Azmen v. Barr
Posted on 13 Jul 2020 by Daniel M. Kowalski

Ordonez Azmen v. Barr "Mario Ordonez Azmen petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to remand and dismissing his appeal of the denial of his asylum and statutory withholding claims under the... Read More

CA3 on Asylum, Social Group, El Salvador: Guzman Orellana v. Barr
Posted on 17 Apr 2020 by Daniel M. Kowalski

Guzman Orellana v. Barr "We must now decide three issues: (1) whether persons who publicly provide assistance to law enforcement against major Salvadoran gangs constitute a cognizable particular social group for purposes of asylum and withholding... Read More

BIA on Particular Social Group: Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020)
Posted on 10 Feb 2020 by Daniel M. Kowalski

Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020) (1) An alien’s status as a landowner does not automatically render that alien a member of a particular social group for purposes of asylum and withholding of removal. (2) To establish a particular... Read More

CA1 on Family PSG: Enamorado-Rodriguez v. Barr
Posted on 31 Oct 2019 by Daniel M. Kowalski

Enamorado-Rodriguez v. Barr "Darlin Eleazar EnamoradoRodriguez ("Enamorado"), a Honduran national, came to the United States at age fifteen and sought asylum, withholding of removal, and protection under the Convention Against Torture... Read More

Boston Immigration Judge Grants Asylum; PSG = "Guatemalan Women"
Posted on 9 Aug 2019 by Daniel M. Kowalski

Boston Immigration Judge Paul M. Gagnon granted asylum in a DV-based case, recognizing "Guatemalan women" as a particular social group. ICE reserved, but did not appeal, so the decision is final . The IJ addressed Matter of A-B- in several places... Read More

Materials Related to L-E-A-
Posted on 31 Jul 2019 by Daniel M. Kowalski

Link to the July 29, 2019 A.G. decision here . Link to briefs and other materials collected by CLINIC Legal here . Read More

A.G. Barr on 'Particular Social Group' - Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)
Posted on 31 Jul 2019 by Daniel M. Kowalski

Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) (1) In Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), the Board of Immigration Appeals improperly recognized the respondent’s father’s immediate family as a “particular social group”... Read More

CA7 on Asylum, Mexico, Cartel Violence: Gonzalez Ruano v. Barr
Posted on 26 Apr 2019 by Daniel M. Kowalski

Gonzalez Ruano v. Barr "In September 2016, members of a Mexican drug cartel kidnapped, tortured, and threatened to kill petitioner Mauricio Gonzalez Ruano, who was living with his family in the Mexican state of Jalisco. ... We find that the record... 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

Mexican Asylum Grant by IJ Trujillo in Denver
Posted on 27 Dec 2018 by Daniel M. Kowalski

James S. Lamb writes: "Nuclear family PSG and a quasi-non-state persecutor (quasi, on account of government corruption and involvement of certain officials). Case is pre-Matter of A-B-. ... fact heavy ... Trujillo wrote a good opinion ." Read More

A.G. on Persecution, Social Group, Family Unit: Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018)
Posted on 4 Dec 2018 by Daniel M. Kowalski

Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) BEFORE THE ACTING ATTORNEY GENERAL Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision.... Read More

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018)
Posted on 7 Mar 2018 by Daniel M. Kowalski

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018) - The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular... Read More