Immigration Law

Recent Posts

BIA Botches Standard of Review: Arreaga-Bravo v. Atty. Gen.
Posted on 29 Oct 2021 by Daniel M. Kowalski

Arreaga-Bravo v. Atty. Gen. "When an Immigration Judge (“IJ”) makes findings of fact in relation to an individual’s petition for relief under the Convention Against Torture (“CAT”), the Board of Immigration Appeals... Read More

CA9 on Standard of Review: Soto-Soto v. Garland
Posted on 11 Jun 2021 by Daniel M. Kowalski

Soto-Soto v. Garland "Petitioner Delfina Soto-Soto was brutally tortured by Mexican state police until she confessed to the kidnap and murder of five-year-old Bernardino Bravo Gomez. After the Mexican trial court dismissed the charges against her... Read More

Reh. En Banc Granted: Portillo Flores v. Barr (Asylum; Standard of Review)
Posted on 25 Nov 2020 by Daniel M. Kowalski

Portillo Flores v. Barr, Nov. 25, 2020 "A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant the petition for rehearing en banc, IT IS ORDERED that rehearing en banc is granted... Read More

CA8 on CAT, Somalia, Standard of Review: Kassim v. Barr
Posted on 3 Apr 2020 by Daniel M. Kowalski

Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif... Read More

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

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

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