Immigration Law

Recent Posts

CA3 on Guatemala, Law, Facts and Standard of Review: Saban-Cach v. Atty. Gen.
Posted on 25 Jan 2023 by Daniel M. Kowalski

Saban-Cach v. Atty. Gen. "Based on past experiences, if returned to Guatemala, Selvin Heraldo Saban-Cach fears being persecuted by a local gang because of his identity as an indigenous person. Accordingly, he seeks withholding of removal under... Read More

CA8 (2-1) Slaps BIA for Clear Error Violation: Alvarez-Gomez v. Garland
Posted on 28 Dec 2022 by Daniel M. Kowalski

Alvarez-Gomez v. Garland "Gustavo Alexis Alvarez-Gomez, a citizen of El Salvador, petitions this court for review of the denial of his application for withholding of removal under the Immigration and Nationality Act (INA) and reversal of withholding... Read More

CA2 on CAT, Standard of Review: Omorodion v. Garland
Posted on 30 Nov 2022 by Daniel M. Kowalski

Omorodion v. Garland (unpub.) "The IJ granted Omorodion’s application for deferral of removal under the CAT and, after an initial remand by the BIA, reaffirmed that decision. In July 2018 the BIA vacated the IJ’s grant of CAT relief... Read More

CA4 (2-1) on Jurisdiction, Standard of Review, Equitable Tolling: Williams v. Garland
Posted on 16 Nov 2022 by Daniel M. Kowalski

Williams v. Garland - Petition for review granted, vacated, and remanded by published opinion. Senior Judge Floyd wrote the opinion in which Senior Judge Motz joined. Judge Rushing wrote a separate dissenting opinion. "In 2006, the Department of... Read More

Cert. Granted in Santos-Zacaria v. Garland
Posted on 4 Oct 2022 by Daniel M. Kowalski

On Jan. 10, 2022 a panel of the U.S. Court of Appeals for the Fifth Circuit issued a 2-1 decision in the case of Santos-Zacaria v. Garland, 22 F.4th 570 . On May 10, 2022 counsel for Santos-Zacaria filed a Petition for Writ of Certiorari to the U.S... Read More

CA9 on Standard of Review: Chavez-Escamilla v. Garland
Posted on 16 Sep 2022 by Daniel M. Kowalski

Chavez-Escamilla v. Garland (unpub.) "Chavez-Escamilla argues that the BIA erred in applying the clearly erroneous standard because it did not defer to the IJ’s factual findings. ... The BIA failed to correctly apply the clearly erroneous... Read More

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

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