Immigration Law

Recent Posts

CA9 on Venue, Social Group, CAT, Mexico, Cartels: Plancarte Sauceda v. Garland
Posted on 21 Aug 2021 by Daniel M. Kowalski

Plancante Sauceda v. Garland "We first address venue and hold that the Ninth Circuit is the proper venue for this petition for review because Boise, Idaho, is the place “in which the immigration judge completed the proceedings.” See... Read More

CA9 on Exhaustion, Social Group, CAT, El Salvador: Vasquez-Rodriguez v. Garland
Posted on 5 Aug 2021 by Daniel M. Kowalski

Vasquez-Rodriguez v. Garland "We conclude that the approach set forth in Matter of E-A-G- [24 I. & N. Dec. 591 (B.I.A. 2008)] is inconsistent with the requisite fact-based analysis of proposed particular social groups. ... We do not suggest... Read More

Unpub. CA6 on Honduras, Social Group: Corea Escoto v. Garland
Posted on 7 Jul 2021 by Daniel M. Kowalski

Corea Escoto v. Garland (unpub.) "Given the BIA’s repeated reliance on A-B-, briefing on the effect of A-B-’s overruling is necessary. We remand to the BIA to reconsider Corea’s asylum claim in the first instance, this time under... Read More

CA9 on Asylum, El Salvador, Social Group: Acevedo Granados v. Garland
Posted on 24 Mar 2021 by Daniel M. Kowalski

Acevedo Granados v. Garland "Petitioner Wilber Agustin Acevedo Granados (“Acevedo”), a native of El Salvador, petitions for review of the decision by the Board of Immigration Appeals (“BIA”) affirming an order of removal... Read More

CA4 on Evidence, Social Group, Nexus, Honduras: Arita-Deras v. Wilkinson
Posted on 5 Mar 2021 by Daniel M. Kowalski

Arita-Deras v. Wilkinson "Maria Del Refugio Arita-Deras, a native and citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (the Board). The Board affirmed an immigration judge’s... Read More

Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)
Posted on 28 Jan 2021 by Daniel M. Kowalski

Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021) - Individuals who cooperate with law enforcement may constitute a valid particular social group under the Immigration and Nationality Act if their cooperation is public in nature, particularly where testimony... Read More

Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)
Posted on 25 Sep 2020 by Daniel M. Kowalski

Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (1) In conducting its review of an alien’s asylum claim, the Board of Immigration Appeals (“Board”) must examine de novo whether the facts found by the immigration judge satisfy all... Read More

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

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

CA6 Dumps Matter of A-B-: Juan Antonio v. Barr
Posted on 20 May 2020 by Daniel M. Kowalski

Juan Antonio v. Barr "Maria Magdalena Juan Antonio, a native and citizen of Guatemala, appeals from the Board of Immigration Appeals’ (the “Board”) denial of her application for asylum and withholding of removal. In its denial... Read More

CA6 on Corroboration, Social Group: Guzman-Vazquez v. Barr
Posted on 18 May 2020 by Daniel M. Kowalski

Guzman-Vazquez v. Barr "Manuel Guzman, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s denial of his application for withholding... Read More

Jeffrey S. Chase on De Pena Paniagua v. Barr, Gender Per Se
Posted on 11 May 2020 by Daniel M. Kowalski

Jeffrey S. Chase, May 10, 2020 "In De Pena Paniagua v. Barr , a three-judge panel of the U.S. Court of Appeals for the First Circuit made several corrections to the Trump administration’s application of the law of asylum as it applies to... Read More

CA1 on Social Group: De Pena-Paniagua v. Barr
Posted on 24 Apr 2020 by Daniel M. Kowalski

De Pena-Paniagua v. Barr "In this case we confront the perplexing question of whether the requirements for establishing membership in a particular social group in support of a request for asylum or withholding of removal categorically reject any... Read More

CA5 Asylum Remand: Peña Oseguera v. Barr
Posted on 23 Aug 2019 by Daniel M. Kowalski

Peña Oseguera v. Barr "The BIA admitted that the Immigration Judge incorrectly conflated the respondent’s claim with that of his mother (“We briefly note that the respondent is not a derivative application on his mother’s... Read More

Cyrus Mehta: Advancing a 'Social Group Plus' Claim After Matter of A-B-
Posted on 12 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 9, 2019 "In Matter of A-B – , 27 I&N Dec. 227 (A.G. 2018), former Attorney General Jeff Sessions overruled a prior Board of Immigration Appeals (BIA) precedent, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which... Read More