Immigration Law

Recent Posts

CA9 on Cameroon, Persecution, Social Group, Relocation: Akosung v. Barr
Posted on 14 Aug 2020 by Daniel M. Kowalski

Akosung v. Barr "Yvette Akosung fled her Cameroonian village after she was ordered to marry the village chieftain, known as the Fon. For more than a year, she lived in hiding, moving from place to place to avoid capture. The Fon’s envoys... Read More

Follow the Bouncing Ball: Persecution and the Shifting Burden of Proof - Jeffrey S. Chase
Posted on 14 Aug 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 13, 2020 "On July 24, the U.S. Court of Appeals for the Third Circuit reversed the BIA as to what constitutes past persecution. In Blanco v. Att’y Gen. , the asylum-seeker had been abducted by police in his native Honduras... Read More

CA9 on Nicaragua, Social Group, Torture, Persecution: Davila v. Barr
Posted on 10 Aug 2020 by Daniel M. Kowalski

Davila v. Barr "Carla Patricia Davila petitions for review of a Board of Immigration Appeals (“BIA”) order affirming the denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture ... Read More

CA3 on Persecution: Blanco v. Atty. Gen.
Posted on 25 Jul 2020 by Daniel M. Kowalski

Blanco v. Atty. Gen. "Ricardo Javier Blanco, a citizen of Honduras, is a member of Honduras’s Liberty and Refoundation (“LIBRE”) Party, an anti-corruption political party that opposes the current Honduran president. After participating... Read More

CA1 on Persecution, Political Opinion: Rodríguez-Villar v. Barr
Posted on 12 Jul 2019 by Daniel M. Kowalski

Rodríguez-Villar v. Barr "It is bad enough when acts in the nature of persecution are employed to chill the free expression of political opinion. It exacerbates the problem though, when a reviewing tribunal turns such acts upside down and... Read More

A Better Approach to "Unable or Unwilling" Analysis? - Jeffrey S. Chase
Posted on 22 Apr 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Apr. 21, 2019 “K.H., a Guatemalan native and citizen, was kidnapped, beaten, and raped in Guatemala when she was seven years old.” That horrifying sentence begins a recent decision of the U.S. Court of Appeals for the Sixth... 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

CA9 on China, Asylum, Religious Persecution: Guo v. Sessions
Posted on 31 Jul 2018 by Daniel M. Kowalski

Guo v. Sessions - "Petitioner Zhihui Guo is a Chinese citizen who entered the United States in 2010 on a student visa and stayed beyond its duration. He seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims... Read More

USCIS RAIO Directorate Training Module: Persecution
Posted on 2 Nov 2017 by Daniel M. Kowalski

USCIS Refugee, Asylum and International Operations Officer Training Module: Definition of Persecution and Eligibility Based on Past Persecution Obtained through FOIA by David Cleveland . Read More

CA5 on Honduras, Asylum, Persecution, Social Group - Cabrera v. Sessions (May 7, 2018)
Posted on 7 May 2018 by Daniel M. Kowalski

Cabrera v. Sessions, May 7, 2018 - "In sum, we hold that the BIA erred in requiring Cabrera to prove past persecution to establish a claim based on a well-founded fear of future persecution; and, second, in recharacterizing Cabrera’s claimed... Read More

CA1 on IJ/BIA Errors of Fact: Perez v. Holder
Posted on 31 Jul 2014 by Daniel M. Kowalski

"As [OIL] now concedes, both the BIA and the IJ mistakenly concluded that Perez could have continued his social activism provided he paid extortion money to the gang members. But that erroneous finding conflated Perez's testimony that the gang... Read More

CA11 on China, Persecution: Huang v. Holder
Posted on 29 Dec 2014 by Daniel M. Kowalski

"It’s not always enough to say that you did something. Sometimes, you have to show it as well. Or at least you have to not do something else that may raise a question as to whether you did what you said you did. In this petition, the Board... Read More

CA2 on Past Persecution, Kyrgyz Republic: Pan v. Holder
Posted on 26 Jan 2015 by Daniel M. Kowalski

"Aleksandr Pan petitions for review of the January 7, 2013 order of the Board of Immigration Appeals (BIA) dismissing his appeal from an immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief pursuant... Read More

CA2 on China, Persecution, Coercive Population Control: Chen v. Holder
Posted on 8 Dec 2014 by Daniel M. Kowalski

"Substantial evidence here supports the agency’s finding that Chen failed to demonstrate that the imposition of a severe fine deprived him of the basic necessities of life or impoverished him before he left China. Accordingly, we deny review... Read More

Unpub. BIA Asylum Victory; Egypt, Persecution, 'Unreasonable Expectations'
Posted on 5 Apr 2012 by Daniel M. Kowalski

David L. Cleveland writes: "An asylum applicant from Egypt suffered real harm, including an assault by an unidentified man that left her unconscious, but was denied by the IJ for failing to show the motive of her attacker. The BIA said that... Read More