Immigration Law

Recent Posts

CA9 on Persecution, Social Group: Cristobal Antonio v. Garland
Posted on 26 Jan 2023 by Daniel M. Kowalski

Cristobal Antonio v. Garland "Rebeca Cristobal Antonio, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) streamlined affirmance of the immigration judge’s (“IJ”... Read More

Unpub. CA3 Asylum Remand: Bimpong v. Garland (BIA conclusion "defies the record")
Posted on 15 Aug 2022 by Daniel M. Kowalski

Bimpong* v. Garland "Bimpong argues that the BIA erred in concluding that he failed to establish that his membership in a particular social group (“PSG”) is a nexus for the persecution he fears— as is required to qualify for asylum... Read More

IJ Distinguishes Jaco, Grants Asylum (PSG = Honduran Women)
Posted on 9 Jun 2022 by Daniel M. Kowalski

Hats off to Prof. Hiroko Kusuda for her victory in New Orleans Immigration Court ! IJ Eric Marsteller distinguished Jaco v. Garland, stating: "The Fifth Circuit in Jaco v. Garland suggested that "Honduran women" is not sufficiently particular... Read More

Deadly Inertia: Needless Delay of “Particular Social Group” Regulations Puts Asylum Seekers at Risk
Posted on 14 Feb 2022 by Daniel M. Kowalski

CGRS, Feb. 10, 2022 "On February 2, 2021, President Biden issued an executive order (“EO”) which directed executive branch agencies to review and then take action on numerous aspects of our shattered asylum system.1 Of particular interest... Read More

Pro Se CA4 PSG Remand: Luna-Deportillo v. Garland
Posted on 3 Feb 2022 by Daniel M. Kowalski

Luna-Deportillo v. Garland "The Board dismissed the Petitioners’ appeal after determining that Luna-Deportillo’s particular social group of the nuclear family of a teenage girl who was threatened due to her refusal to join a criminal... Read More

Asylum Victory in Denver...4 Years After Hearing!
Posted on 22 Dec 2021 by Daniel M. Kowalski

Claudia Brett Goldin reports: "I'm very happy to share [this] decision from IJ Trujillo granting our client asylum based on her membership in the PSG "indigenous Mayan Guatemalan women." Huge congratulations to Eric Pavri , who tried... Read More

CA4 on PSG: Escobar Gomez v. Garland (Unpub., 2-1)
Posted on 13 Dec 2021 by Daniel M. Kowalski

Escobar Gomez v. Garland "Carlos Escobar Gomez seeks review of the Board of Immigration Appeals’ (BIA) dismissal of his application for asylum. The BIA determined that Escobar Gomez was ineligible for asylum because he failed to establish... Read More

Zometa-Orellana Published! (CA6)
Posted on 30 Nov 2021 by Daniel M. Kowalski

Dr. Alicia Triche writes: "Your readers will recall this case holds Matter of A-B- III applies to existing DV asylum claims, holds IJs/BIA are to consider int’l obligations in DV asylum claims, calls into doubt the duty to articulate PSGs to... Read More

CA6 on PSG: Zometa-Orellana v. Garland - Published!
Posted on 2 Nov 2021 by Daniel M. Kowalski

Zometa-Orellana v. Garland "Ana Mercedes Zometa-Orellana, a native and citizen of El Salvador, suffered regular beatings and rape by her domestic partner. She sought asylum and withholding of removal based both on political opinion and membership... Read More

CA5 on Particular Social Group: Jaco v. Garland
Posted on 27 Oct 2021 by Daniel M. Kowalski

Jaco v. Garland "Jaco’s petition makes two arguments. First, that the BIA erred in failing to either consider or remand for consideration of additional proposed “particular social groups” that Jaco raised for the first time on... Read More

Blockbuster CA4 Decision: Arevalo Quintero v. Garland
Posted on 26 May 2021 by Daniel M. Kowalski

This 62-page gem is a gold mine full of big, fat, shiny nuggets. Before highlighting a few, hats way off to Susan Baker Manning and her team at Morgan Lewis, and Steven H. Schulman and his team at Akin Gump on behalf of the Round Table! Here are the highlights... Read More

CA4 on Withholding, PSG, El Salvador, Chevron: Amaya v. Rosen
Posted on 26 Jan 2021 by Daniel M. Kowalski

Amaya v. Rosen "[T]he only issue before us with respect to Amaya’s withholding claim is the narrow question of whether the PSG “former Salvadoran MS-13 members” is sufficiently particular. ... We are mindful that two of our sister... Read More

Matter of E-R-A-L- Vacated: Practice Alert
Posted on 21 Dec 2020 by Daniel M. Kowalski

CLINIC, Dec. 21, 2020 "On Dec. 10, 2020, the Ninth Circuit vacated the decision of the Board of Immigration Appeals in Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020) . CLINIC and the Duke University School of Law have published a practice alert... Read More

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