Immigration Law

Recent Posts

CA3 Remand on 'Particularly Serious Crime,' CAT: Luziga v. Atty. Gen.
Posted on 6 Sep 2019 by Daniel M. Kowalski

Luziga v. Atty. Gen. "An Immigration Judge (IJ) decided, and the Board of Immigration Appeals (BIA) agreed, that Petitioner Ayub Luziga is ineligible for withholding of removal under the Immigration and Nationality Act (INA) and the Convention... Read More

CA3 (En Banc) on 'Particularly Serious Crime' - Bastardo-Vale v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated... Read More

CA9 Vacates Matter of Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014) - Gomez-Sanchez v. Sessions
Posted on 6 Apr 2018 by Daniel M. Kowalski

Gomez-Sanchez v. Sessions - "Guillermo Gomez-Sanchez, a native and citizen of Mexico, petitions for review of the published decision by the Board of Immigration Appeals (“BIA” or “the Board”) affirming the Immigration Judge’s... Read More

CA1 on 'Particularly Serious Crime' - Velerio-Ramirez v. Lynch
Posted on 14 Dec 2015 by Daniel M. Kowalski

Velerio-Ramirez v. Lynch, Dec. 11, 2015 - "Inconsistent characterization of the governing law by the immigration authorities and insufficient analysis by the Board of Immigration Appeals ("BIA") lead us, in an abundance of caution, to remand... Read More

CA9 on 'Particularly Serious Crime' - Blandino-Medina v. Holder
Posted on 11 Apr 2013 by Daniel M. Kowalski

"We affirm the BIA’s decision concerning withholding of removal pursuant to the CAT, but vacate its decision holding that Blandino’s conviction under [Cal. Penal Code] Section 288(a) is a particularly serious crime per se , and remand... Read More

BIA (unpub.) on Duress, Particularly Serious Crime
Posted on 16 May 2013 by Daniel M. Kowalski

Jon Bauer writes: "I'm pleased to attach this decision recently issued by the Board of Immigration Appeals in a case handled by the Asylum and Human Rights Clinic at the University of Connecticut School of Law. Our client is a longtime U.S. permanent... Read More

CA3 on 'Particularly Serious Crime' - Flores v. Atty. Gen.
Posted on 9 May 2017 by Daniel M. Kowalski

Flores v. Atty. Gen., May 8, 2017 - "Patricia Flores, a native and citizen of Guatemala, seeks review of a decision by the Board of Immigration Appeals (“BIA”) that found her ineligible for withholding of removal because she had been... Read More

BIA Applies Brand X: Matter of M-H-, ID3772
Posted on 13 Nov 2012 by Daniel M. Kowalski

The holding in Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007), that an offense need not be an aggravated felony to be considered a particularly serious crime for purposes of barring asylum or withholding of removal, should be applied to cases within... Read More

BIA on 'Particularly Serious Crime' - Matter of G-G-S-, Int. Dec. 3806
Posted on 17 Jul 2014 by Daniel M. Kowalski

"An alien’s mental health as a factor in a criminal act falls within the province of the criminal courts and is not considered in assessing whether the alien was convicted of a “particularly serious crime” for immigration purposes... Read More

When is a DUI 'Particularly Serious?' - Alicia Triche
Posted on 31 May 2015 by Daniel M. Kowalski

"Under Section 241(b)(3) of the U.S. Immigration and Nationality Act [INA], a refugee cannot be removed to a country where there is a “clear probability” persecution will occur. However, this relief, called “withholding of removal... Read More

Matter of R-A-M-, 25 I&N Dec. 657 (BIA 2012) Interim Decision #3736
Posted on 4 Jan 2012 by Daniel M. Kowalski

Matter of R-A-M-, 25 I&N Dec. 657 (BIA 2012) Interim Decision #3736 - The respondent’s conviction for possession of child pornography is for a particularly serious crime under section 241(b)(3)(B)(ii) of the Immigration and Nationality Act,... Read More

CA9 on 'Particularly Serious Crime' - Alphonsus v. Holder
Posted on 18 Jan 2013 by Daniel M. Kowalski

"Anthony Aloysius Alphonsus petitions for review of a BIA decision ordering him removed to his native Bangladesh. The BIA affirmed the immigration judge’s (“IJ”) determination that Alphonsus is ineligible for withholding of removal... Read More