Immigration Law

Recent Posts

Right to Counsel Victory at CA9: Zuniga v. Barr
Posted on 20 Aug 2019 by Daniel M. Kowalski

Zuniga v. Barr "This case presents us with a simple question: do noncitizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on... Read More

New USCIS Memo Threatens Asylum Seekers at Border (July 11, 2018)
Posted on 12 Jul 2018 by Daniel M. Kowalski

USCIS, July 11, 2018 - "Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-" Read More

New USCIS Memo Threatens Asylum Seekers at Border (July 11, 2018)
Posted on 12 Jul 2018 by Daniel M. Kowalski

USCIS, July 11, 2018 - "Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-" Read More

Notice of Proposed Settlement & Hearing in 'Reasonable Fear Determination' Class Action: Alfaro Garcia v. Johnson
Posted on 27 Aug 2015 by Daniel M. Kowalski

NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION INVOLVING DETAINED NON-CITIZENS WHO ARE AWAITING A “REASONABLE FEAR DETERMINATION” ALFARO GARCIA, ET AL. V. JOHNSON, ET AL., Case No. 4:14-cv-01775-YGR IN THE UNITED STATES DISTRICT... Read More

DHS, Immigrants Reach Deal Over Delays In Reasonable Fear Interviews (Alfaro Garcia v. Johnson) - Law360
Posted on 9 Jul 2015 by Daniel M. Kowalski

Law360, July 8, 2015 - " A class of immigrants who fear persecution in their home countries reached a settlement with federal officials Tuesday in California district court over delays in interviews with asylum officers, with the government agreeing... Read More

Detained Asylum Seekers Sue DHS to End Long Waits for 'Reasonable Fear' Interviews
Posted on 18 Apr 2014 by Daniel M. Kowalski

"ACLU Foundation of Southern California, ACLU of Northern California, and the National Immigrant Justice Center (NIJC), along with the international law firm Reed Smith LLP, today filed a class action lawsuit in the Northern District of California... Read More

USCIS Asylum Div. Revises Credible Fear / Reasonable Fear Lesson Plans (Feb. 2017)
Posted on 1 Mar 2017 by Daniel M. Kowalski

In a memo dated Feb. 13, 2017 , USCIS Asylum Division Chief John Lafferty released revised updated versions of the Asylum Division Officer Training Course Lesson Plans, Credible Fear of Persecution and Torture Determinations , and Reasonable Fear of Persecution... Read More

CA9 on Reasonable Fear Determinations, Reinstatement, Standard of Review: Andrade-Garcia v. Lynch
Posted on 29 Apr 2016 by Daniel M. Kowalski

Andrade-Garcia v. Lynch, Apr. 29, 2016 - "Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief... Read More

April 17, 2012 USCIS Asylum Memo
Posted on 19 Aug 2012 by Daniel M. Kowalski

Implementation of Reasonable Fear Processing Timelines and APSS Guidance: This memorandum implements the reasonable fear processing timelines and reporting mechanisms introduced in the September 28, 2011 Joseph Langlois memorandum, "Proposed Reasonable... Read More

CA11 on Jurisdiction, Reasonable Fear, Reinstatement: Jimenez-Morales v. Lynch
Posted on 3 May 2016 by Daniel M. Kowalski

Jimenez-Morales v. Lynch, May 2, 2016 - "[T]he question we must address is whether the conclusion of the reasonable fear proceeding made Mr. Jimenez-Morales’ premature 2014 petition for review ripen into one that gave us jurisdiction. The government... Read More

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions
Posted on 1 May 2017 by Daniel M. Kowalski

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution... Read More