Immigration Law

Recent Posts

CA4 on Standard of Review: Cruz-Quintanilla v. Whitaker
Posted on 4 Feb 2019 by Daniel M. Kowalski

Cruz-Quintanilla v. Whitaker "We conclude that the Board applied the wrong standard of review. Whether Cruz-Quintanilla established that the government would acquiesce in his torture under 8 C.F.R. § 1208.16(c)(2) is a mixed question of law... Read More

CA2 on Standard of Review: Alom v. Whitaker
Posted on 17 Dec 2018 by Daniel M. Kowalski

Alom v. Whitaker - "We now ... agree with the Fourth Circuit that de novo review applies to the mixed question of law and fact of whether Alom established that his marriage was entered into in good faith under § 1186a(c)(4)(B). Accordingly,... Read More

CA8 on Standard of Review: Garcia-Mata v. Sessions
Posted on 2 Jul 2018 by Daniel M. Kowalski

Garcia-Mata v. Sessions - "Maria Garcia-Mata, a citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals. After an immigration judge ordered withholding of removal, the Board vacated that decision, denied relief,... Read More

CA3 on Standard of Review; Evidence: Dutton-Myrie v. Atty. Gen.
Posted on 28 Apr 2017 by Daniel M. Kowalski

Dutton-Myrie v. Atty. Gen., Apr. 28, 2017 - "We agree with Dutton-Myrie that the question of whether likely government conduct equates to acquiescence is a mixed question of law and fact under our decision in Kaplun v. Att’y Gen., 602 F.3d... Read More

CA7 on CAT, Standard of Review - Estrada-Martinez v. Lynch
Posted on 5 Jan 2016 by Daniel M. Kowalski

Estrada-Martinez v. Lynch, Dec. 31, 2015 - "Estrada is not eligible for withholding of removal because he was convicted in an Illinois state court of statutory rape in 1996, and the Board has characterized his conviction as “particularly serious... 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

CA4 on Standard of Review: Upatcha v. Sessions
Posted on 22 Feb 2017 by Daniel M. Kowalski

Upatcha v. Sessions, Feb. 22, 2017 - "Facing deportation, petitioner Juraluk Upatcha, a citizen of Thailand, sought a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a United States citizen had ended... Read More

CA9 on Citizenship, Standard of Review: Mondaca-Vega v. Holder
Posted on 26 Apr 2013 by Daniel M. Kowalski

Majority: "Who is Petitioner? Is he Reynaldo Carlon Mondaca, a native and citizen of the United States, or is he Salvador Mondaca-Vega, a native and citizen of Mexico? The district court determined that Petitioner is Salvador Mondaca-Vega and, accordingly... Read More

Fourth Circuit on standard of review: Turkson v. Holder
Posted on 27 Jan 2012 by Daniel M. Kowalski

"The BIA erred in reviewing the IJ’s factual findings under the de novo standard of review instead of under the clearly erroneous standard prescribed by its governing regulations. We therefore grant Turkson’s petition for review, vacate... Read More