Immigration Law

Recent Posts

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

Acting AG Whitaker Takes Aim at Asylum Seekers Fleeing Family-Based Persecution - Sophia Genovese
Posted on 11 Dec 2018 by Daniel M. Kowalski

Sophia Genovese, Dec. 10, 2018 - "Acting Attorney General Matthew Whitaker has followed in his predecessor’s footsteps by referring yet another immigration case to himself, Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) . The Acting AG asks... Read More

Setback for 'Social Group' at CA3 - S.E.R.L. v. Attorney General
Posted on 3 Jul 2018 by Daniel M. Kowalski

S.E.R.L. v. Attorney General - "In this immigration case, we consider the term “particular social group,” which is part of the definition of “refugee” in the Immigration and Nationality Act (“INA”), 8 U.S.C. §... Read More

Sessions Overrules A-R-C-G-: Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)
Posted on 11 Jun 2018 by Daniel M. Kowalski

Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) Headnotes: (1)Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2)An applicant seeking... Read More

Jeffrey S. Chase: Honor Killings and Particular Social Group
Posted on 4 Dec 2017 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies... Read More

Jeffrey S. Chase - Amicus Brief Filed in C.J.L.G. v. Sessions
Posted on 21 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 21, 2018 - "On March 15, lawyers with the firm of Simpson, Thacher & Bartlett filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit on behalf of 11 former immigration judges and BIA Board members in... Read More

BIA on Procedure, Relief: Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)
Posted on 21 Jan 2018 by Daniel M. Kowalski

Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018) (1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation... Read More

Asylum Victory in New Orleans; Honduras, Social Group, Mendes Rojas
Posted on 13 Apr 2018 by Daniel M. Kowalski

Hats off to Prof. Hiroko Kusuda , Clinic Professor and Director of Immigration Law Section of Loyola University New Orleans College of Law, Stuart H. Smith Law Clinic and Center for Center for Social Justice, and Mary K. Richardson, Student Practitioner... Read More

Amicus Brief Filed in W-Y-C- & H-O-B- Appeal
Posted on 28 May 2018 by Daniel M. Kowalski

Jeffrey S. Chase, May 28, 2018 - "On May 23, an amicus brief was filed in the U.S. Court of Appeals for the Fifth Circuit on behalf of a group of 13 former immigration judges (including myself) and BIA members in the appeal of the BIA’s precedent... 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

Asylum Victory in Portland (Mexico; PSG)
Posted on 7 Sep 2016 by Daniel M. Kowalski

Amanda Gray writes: "I wanted to share with you a recent IJ decision granting asylum to a woman and her four children* based on her membership in the particular social group of “Mexican women unable to leave their domestic relationship.”... Read More

Third Circuit on social group, Chevron, exhaustion: Valdiviezo-Gamez II
Posted on 8 Nov 2011 by Daniel M. Kowalski

"In Lin v. Attorney General, 543 F.3d 114 (3d Cir. 2008), we held that “the BIA’s consideration of an issue is sufficient to provide us with jurisdiction over that issue" even if the petitioner fails to raise the issue before the... Read More

Asylum Granted by Cleveland IJ: Guatemalan Women Unable to Leave Common-Law Marriage
Posted on 28 Feb 2014 by Daniel M. Kowalski

"Respondent has established that Guatemalan women who are unable to leave a common law relationship is a particular social group. ... Considering these actions in context with the fact that most such violence in Guatemala is motivated by gender,... Read More

CA4 on Social Group, El Salvador: Hernandez-Avalos v. Lynch
Posted on 1 May 2015 by Daniel M. Kowalski

"Maydai Hernandez-Avalos, a native and citizen of El Salvador, petitions for review of a final order of removal entered by the Board of Immigration Appeals (BIA). For the reasons that follow, we grant Hernandez’s petition for review, vacate... Read More