Immigration Law

Recent Posts

Are the Canadian and U.S. Refugee/Asylum Processes Really “Similar Enough”? How the New Refugee Bar in Bill C-97 Is Based on a Misunderstanding of U.S. Asylum Law
Posted on 17 Apr 2019 by Daniel M. Kowalski

David Isaacson, Apr. 17, 2019 "In a development decried by several refugee-serving and civil rights organizations , the Canadian government’s proposed budget bill, Bill C-97 , contains within it an amendment to the Immigration and Refugee... 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

Refugee Kids Find Mixed Results in Texas
Posted on 5 Jan 2016 by Daniel M. Kowalski

Dianne Solís, Dallas Morning News, Jan. 4, 2015 - "The handwritten paper sign inside the temporary shelter elevated the hope of the freshly arrived migrant boys: “United we are invincible.” ​But by the end of the day, other Central... Read More

Refugee Kids Face Uneven Justice
Posted on 6 Mar 2015 by Daniel M. Kowalski

"After fleeing Central America, child migrants now face a very uneven brand of justice in U.S. immigration courts, where access to a lawyer and the location of the court itself are often the deciding variables in who stays and who doesn’t.... Read More

Fourth Circuit on evidence: Tassi v. Holder
Posted on 8 Nov 2011 by Daniel M. Kowalski

"[O]ur analysis of Tassi’s petition for review exposes several categories of error. For example, the IJ contravened the principle that corroborative evidence supporting an asylum application cannot be rejected solely because it does not strictly... Read More

Tags: ij , bia , refugee , Evidence , asylum , tassi

Gang and Cartel Violence: A Reason To Grant Political Asylum from Mexico and Central America
Posted on 13 Jan 2014 by Daniel M. Kowalski

"People fleeing gang violence in Mexico and Central America have been, for the most part, denied asylum in the U.S. Nonetheless, modern interpretations of refugee and international law suggest that there is more merit to these claims for asylum than... Read More

In-Country Refugee / Parole Processing for CAM (Central American Minors); ORR Benefits, Services
Posted on 3 Feb 2015 by Daniel M. Kowalski

In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM) "The Department of State is pleased to announce a new in-country refugee and parole program for certain qualified minors... Read More

CA5 on AOS, 209(b): Siwe v. Holder
Posted on 7 Feb 2014 by Daniel M. Kowalski

"We therefore grant Siwe’s petition on this issue and hold that an alien, like Siwe, whose asylum has been terminated, is not prohibited from applying for adjustment of status under Section 209(b). ... We therefore grant Siwe’s petition... Read More

Unpub. BIA Bond Victory for Salvadoran Refugee Family at Karnes; Matter of D-J- Distinguished
Posted on 8 Feb 2015 by Daniel M. Kowalski

"The Department of Homeland Security appeals from the Immigration Judge's orders, dated October 2 and 3, 2014, granting the respondents' requests for a change in custody status. The Immigration Judge issued a bond memorandum on November 5... Read More

U.C. Hastings Refugee and Human Rights Clinic Teaching Fellowship
Posted on 1 Dec 2011 by Daniel M. Kowalski

The Refugee and Human Rights Clinic (RHRC), in collaboration with the Center for Gender & Refugee Studies (CGRS), at U.C. Hastings is seeking applications for a two-year teaching fellowship (July 2012-June 2014). The fellowship provides the... Read More

Refugee Status is a 'Special' Special Circumstance re Withdrawal of Guilty Plea: Commonwealth v. Lavrinenko
Posted on 15 Oct 2015 by Daniel M. Kowalski

"The issue on appeal is whether a noncitizen defendant, admitted into the United States as a refugee, is entitled to withdraw his guilty plea to a complaint charging assault by means of a dangerous weapon, where his attorney did not make a reasonable... Read More

USCIS Refugee and Asylum Engagement at TSC on Sept. 13, 2012
Posted on 31 Aug 2012 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services sent this bulletin at 08/30/2012 05:31 PM EDT Dear Stakeholder, The U.S. Citizenship and Immigration Services (USCIS) Texas Service Center (TSC) invites any interested individuals to participate in... Read More

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012)
Posted on 12 Apr 2012 by Daniel M. Kowalski

Matter of D-K-, ID 3747, 25 I&N Dec. 761 (BIA 2012) - (1) An alien who is a refugee under section 207 of the Immigration and Nationality Act, 8U.S.C. § 1157 (2006), and has not adjusted status to that of a lawful permanent resident may be placed... Read More