Immigration Law

Recent Posts

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

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

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

CA11 on Persecution, Religion, China: Shi v. U.S. Atty. Gen.
Posted on 5 Feb 2013 by Daniel M. Kowalski

"[T]he only question presented on appeal is whether the record compels the conclusion that Shi suffered past persecution when his church service was broken up, his family’s bibles were confiscated, and he was detained for seven days, slapped... Read More

CA9 on Persecution: Sumolang v. Holder
Posted on 25 Jul 2013 by Daniel M. Kowalski

"Can a parent applying for asylum or withholding of removal show that she has been persecuted based on suffering or harm inflicted on her child? That question arises here because the strongest evidence supporting the claims of the petitioner, Berawati... Read More

CA1 on Asylum, Persecution, Indonesia: Panoto v. Holder
Posted on 23 Oct 2014 by Daniel M. Kowalski

"Petitioner Marla Panoto and her husband, both Indonesian citizens, petition for review of an order of the Board of Immigration Appeals ("BIA") affirming an order of an Immigration Judge ("IJ") denying her request for asylum.... Read More

CA2 on Evidence, Persecution: Huang v. Holder (Unpub.)
Posted on 4 Aug 2013 by Daniel M. Kowalski

"The agency’s finding that Huang did not meet his burden of proof because he failed to submit corroborating evidence is not supported by substantial evidence. Although the agency identified what evidence should have been obtained and why such... Read More

CA9 on Asylum, Russia, Persecution of Homosexuals: Doe v. Holder
Posted on 27 Nov 2013 by Daniel M. Kowalski

"We grant the petition in this matter because we conclude that Doe met his burden of presenting evidence that the Russian government was unable or unwilling to control the nongovernmental actors who persecuted him because he is a homosexual. We also... Read More

Unpub. BIA Asylum Victory, Senegal, FGM
Posted on 20 Dec 2013 by Daniel M. Kowalski

"Contrary to the Immigration Judge's finding (I.J. at 10-11), the fact that the respondent does not fear being subjected to female genital mutilation upon her return to Senegal is insufficient to rebut the presumption of future persecution. Rather... Read More

CA9 on Indonesia, Changed Conditions: Salim v. Lynch
Posted on 2 Aug 2016 by Daniel M. Kowalski

Salim v. Lynch, Aug. 1, 2016 - "Kurniawan Salim (“Salim”), a native and citizen of Indonesia, petitions for review from the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen his asylum and withholding... Read More

CA10 (unpub.) on Nepal, Maoists, Persecution: Sherpa v. Holder
Posted on 16 Aug 2013 by Daniel M. Kowalski

"Mr. Sherpa argues that the IJ erred in failing to find a nexus between his past persecution—specifically the severe beating and frequent death threats—and his political opinion. Mr. Sherpa alleges that as a result, the IJ erred in concluding... Read More

CA9 on Persecution, Belarus: Rusak v. Holder
Posted on 26 Aug 2013 by Daniel M. Kowalski

"On the current record, it is clear that Ms. Rusak has established a claim of past persecution based on the abuses endured by her parents while she was a child. Nor has the government successfully proven that conditions in Belarus have changed sufficiently... Read More