Immigration Law

Recent Posts

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

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

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

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

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