Immigration Law

Recent Posts

CA9 on Reopening, Religious Persecution, Indonesia: Nababan v. Garland
Posted on 23 Nov 2021 by Daniel M. Kowalski

Nababan v. Garland "[W]e hold that the BIA committed legal error because it did not assess the individualized risk of persecution that Petitioners face due to their identity as evangelical Christians. Accordingly, we grant the petition for review... Read More

CA11 on Future Persecution, CAT: Jathursan v. Atty. Gen.
Posted on 17 Nov 2021 by Daniel M. Kowalski

Jathursan v. Atty. Gen. "Pathmanathan Jathursan, a native and citizen of Sri Lanka, seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum... Read More

CA3 on Persecution, China: Liang v. Atty. Gen.
Posted on 12 Oct 2021 by Daniel M. Kowalski

Liang v. Atty. Gen. "Divide and conquer is a good military strategy but a bad judicial one. Judges must consider how related facts weave together into a narrative. Chinese officials caught Cha Liang practicing his faith, so they beat, jailed, and... Read More

Rare BIA Victory for Gay Jamaican Man: UPDATE (Nov. 10, 2021)
Posted on 26 Sep 2021 by Daniel M. Kowalski

Spring, Texas attorney Veronica Semino scored this unpublished BIA remand for her client, who was detained in Oakdale. UPDATE: On Nov. 10th, the IJ granted AOS and the client was released from ICE detention! In the single-member decision dated Aug... Read More

CA3: BIA Ignored "Overwhelming Evidence" of Persecution: Ghanem v. Atty. Gen.
Posted on 22 Sep 2021 by Daniel M. Kowalski

Ghanem v. Atty. Gen. "Adel Ghanem, a former lawful permanent resident of the United States, seeks to avoid removal to Yemen, from which he fled to avoid persecution on account of political opinion. He pursues three forms of relief that were denied... Read More

CA9 on Mexico, Domestic Violence: Rodriguez Tornes v. Garland
Posted on 5 Apr 2021 by Daniel M. Kowalski

Rodriguez Tornes v. Garland "Petitioner Maria Luisa Rodriguez Tornes, a native and citizen of Mexico, testified to a lifetime of severe abuse from her mother, her estranged husband, and her partner for, in their eyes, being insufficiently subservient... Read More

CA5 on Honduras, Gangs, Persecution: Morales Lopez v. Garland
Posted on 20 Mar 2021 by Daniel M. Kowalski

orales Lopez v. Garland (unpub.) "[W]e agree with her overarching point: the IJ and the BIA improperly determined that Morales Lopez did not make a sufficient showing of past persecution and a well-founded fear of future persecution. ... Morales... Read More

CA9 on Somalia, Persecution, Firm Resettlement: Aden v. Wilkinson
Posted on 4 Mar 2021 by Daniel M. Kowalski

Aden v. Wilkinson "Abdi Ali Asis Aden petitions for review of the Board of Immigration Appeals’ (the “BIA” or “Board”) dismissal of his appeal of an Immigration Judge’s (“IJ”) denial of his applications... 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

CA9 on Asylum, India, Persecution: Kaur v. Wilkinson
Posted on 29 Jan 2021 by Daniel M. Kowalski

Kaur v. Wilkinson "The BIA erred in imposing evidentiary requirements of ongoing injury or treatment beyond the sexual assault itself in order to show persecution. Kaur’s credible testimony about the attempted gang rape is sufficient to show... Read More

Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)
Posted on 28 Jan 2021 by Daniel M. Kowalski

Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021) - Individuals who cooperate with law enforcement may constitute a valid particular social group under the Immigration and Nationality Act if their cooperation is public in nature, particularly where testimony... Read More

Acting A.G. Remands Matter of A-B-
Posted on 14 Jan 2021 by Daniel M. Kowalski

Acting Attorney General, Jan. 14, 2021, Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) Headnotes: (1) Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), did not alter the existing standard for determining whether a government is “unwilling or... Read More

CA4 on Colombia, FARC: Rodriguez Bedoya v. Barr
Posted on 25 Nov 2020 by Daniel M. Kowalski

Rodriguez Bedoya v. Barr "Petitioners Edier de Jesus Rodriguez Bedoya and his family — that is, his wife and two children — seek review of a final order of removal entered by the Board of Immigration Appeals (the “BIA”)... Read More

A.G. Barr on Asylum, Persecution, Duress, Coercion: Matter of Negusie
Posted on 5 Nov 2020 by Daniel M. Kowalski

Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020) (1) The bar to eligibility for asylum and withholding of removal based on the persecution of others does not include an exception for coercion or duress. (2) The Department of Homeland Security does... Read More

CA4 on Evidence, El Salvador, Gang Violence: Alvarado Alvarado v. Barr (unpub.)
Posted on 4 Nov 2020 by Daniel M. Kowalski

Alvarado Alvarado v. Barr (unpub.) "[H]ere, Alvarado’s testimony, like that of the applicant in Ortez-Cruz, did not conclusively establish a change in circumstances. Accordingly, the Government bore the burden to demonstrate that that it... Read More