Immigration Law

Recent Posts

Asylum Victory on Remand: Hernandez-Chacon (El Salvador, Imputed Political Opinion)
Posted on 9 Dec 2022 by Daniel M. Kowalski

On Oct. 24, 2022 NYC Immigration Judge Mimi Tsankov granted asylum to Rosario del Carmen Hernandez-Chacon after remand from CA2, Hernandez-Chacon v. Barr, 948 F.3d 94 (2d Cir. 2020). Shared with permission. Hats off to Heather Axford ! Read More

NY IJ Asylum Victory; Guatemala; Feminist Political Opinion
Posted on 21 Nov 2022 by Daniel M. Kowalski

Michael Shannon writes: "I wanted to share a very good written decision from IJ Barbara Nelson , who granted asylum to my client based on her actual and imputed feminist political opinion under Hernandez-Chacon v. Barr . Now that the appeal period... Read More

Unpub. BIA Asylum Victory: Russia, Political Opinion
Posted on 16 Apr 2021 by Daniel M. Kowalski

Matter of X-, Apr. 12, 2021, unpub. "The respondent has credibly established that his conviction was pretexual in nature and on account of his political opinion. ... We do not find serious reasons to believe that the respondent committed a serious... Read More

Determining Political Opinion: Problems and Solutions
Posted on 8 Mar 2021 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Mar. 7, 2021 "Regarding political opinion, the refugee law scholar Atle Grahl-Madsen famously explained that refugee protection “is designed to suit the situation of common [people], not only that of philosophers..... Read More

CA4 on Asylum, Nexus, Political Opinion, Guatemala: Lopez Ordonez v. Barr
Posted on 17 Apr 2020 by Daniel M. Kowalski

Lopez Ordonez v. Barr "Hector Daniel Lopez Ordonez was conscripted into the Guatemalan military when he was 15 years old. As part of the G-2 intelligence unit, Lopez Ordonez was ordered— and repeatedly refused—to torture and kill people... Read More

CA2 on Political Opinion: Hernandez-Chacon v. Barr
Posted on 24 Jan 2020 by Daniel M. Kowalski

Hernandez-Chacon v. Barr "Petitioner contends that she is entitled to asylum because if she is returned to El Salvador, she will be persecuted on account of her membership in a particular social group ‐‐ Salvadoran women who have resisted the sexual... Read More

CA5 on Political Opinion, Opposition to FGM: Jalloh v. Barr
Posted on 31 Dec 2019 by Daniel M. Kowalski

Jalloh v. Barr (unpub.) "The petitioner in this case fled his home country after receiving death threats for writing a newspaper article calling for the abolition of female genital mutilation. An immigration judge and the Board of Immigration Appeals... Read More

Unpub. BIA Remand: Honduras, Political Opinion; Equality for Women
Posted on 22 Aug 2019 by Daniel M. Kowalski

Prof. Geoffrey Hoffman , Director, UHLC Immigration Clinic, writes: "I wanted to share a decision granting a remand from the BIA in a Matter of A-B- type case from my friends and colleagues at The Modi Law Firm!!! Great job. The decision... 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

CA9 on Asylum, China, Political Opinion: Song v. Sessions
Posted on 19 Dec 2017 by Daniel M. Kowalski

Song v. Sessions, Dec. 18, 2017 - "Xinbing Song, a Chinese citizen, petitions for review of the Immigration Judge’s (“IJ”) and Board of Immigration Appeals’s (“BIA”) denial of his application for asylum, withholding... Read More

3rd-Generation Gangs and Political Opinion - Jeffrey S. Chase
Posted on 6 Jun 2018 by Daniel M. Kowalski

Jeffrey S. Chase, June 3, 2018 - "When Attorney General Jeff Sessions issues his decision in Matter of A-B- (the case he certified to himself to decide whether “being a victim of private criminal activity” can constitute a particular... Read More

CA2 on Opposition to Corruption in China as Political Opinion: Yu v. Holder
Posted on 7 Sep 2012 by Daniel M. Kowalski

"Ruqiang Yu petitions for review of a decision of the Board of Immigration Appeals that affirmed the Immigration Judge’s decision denying Yu’s application for asylum, withholding of removal, and relief under the Convention Against Torture... Read More

Tenth Circuit on Nepal, political opinion, abuse of discretion
Posted on 18 Oct 2011 by Daniel M. Kowalski

"Although the abuse-of-discretion standard is rigorous, our review convinces us that the BIA abused its discretion when it affirmed that the Maoists’ demands for money from KC did not constitute past persecution based on her political opinion... Read More

CA9 on Political Opinion: Singh v. Holder
Posted on 26 Aug 2014 by Daniel M. Kowalski

"Kamalpal Singh, a 51-year-old native and citizen of India, petitions for review from the BIA’s denial of his application for asylum and withholding of removal based on imputed political opinion. Singh entered the United States in 2006 after... Read More

CA7 on Political Opinion, Palestine: Jabr v. Holder
Posted on 4 Apr 2013 by Daniel M. Kowalski

"The issue here is whether Jabr sufficiently showed that the persecution he endured was on account of a statutorily protected ground. The IJ concluded that members of the PIJ were simply interested in recruiting Jabr and found nothing in the record... Read More