Immigration Law

Recent Posts

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

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