Immigration Law

Recent Posts

Sealed, Unpublished CA10 Asylum Victory - "A.B." v. Sessions (Bangladesh, Religious Minorities)
Posted on 10 Jul 2018 by Daniel M. Kowalski

"A.B." v. Sessions - "In light of Petitioner’s recent deportation to Bangladesh and concerns about his safety there, we use fictitious initials to protect his identity. ... The BIA did not cite, and we have not found, any evidence... Read More

CA10 on Jurisdiction, REAL ID, Habeas, Suspension Clause, Citizenship, Exhaustion: Gonzalez-Alarcon v. Macias
Posted on 19 Mar 2018 by Daniel M. Kowalski

Gonzalez-Alarcon v. Macias - "Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241 alleging specific facts which, if proven, would demonstrate that he is a United States citizen. He seeks release from custody from Immigration... Read More

CA10 on CIMT, Burden of Proof: Lucio-Rayos v. Sessions
Posted on 15 Nov 2017 by Daniel M. Kowalski

Lucio-Rayos v. Sessions, Nov. 14, 2017 - "The question presented in this petition for review is whether Petitioner Juan Alberto Lucio-Rayos’s municipal theft conviction qualifies as a crime involving moral turpitude (“CIMT”), which... Read More

CA10 on CIMT: Mungia-Baeza v. Sessions
Posted on 16 Mar 2018 by Daniel M. Kowalski

Mungia-Baeza v. Sessions - "Mr. Munguia-Baeza was not convicted under the theft statute. Instead, he was convicted of first-degree aggravated motor vehicle theft under Colo. Rev. Stat. § 18-4-409. Unlike the theft statute, Mr. Munguia-Baeza’s... Read More

Amicus Brief Filed in 10th Cir. Petition for Remotely-Detained Asylum Seeker
Posted on 23 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 22, 2018 - "An amicus brief was filed yesterday by attorneys at the law firm of Sidley Austin on behalf of an asylum seeker from the Democratic Republic of Congo in the case of Matumona v. Sessions . Fleeing for his life and... Read More

Tenth Circuit ruling may help deported Utahn, others
Posted on 31 Jan 2012 by Daniel M. Kowalski

"In 2004, Jesus Contreras-Bocanegra was traveling between the United States and Mexico when he caught the attention of immigration officials. Though the Lehi man had been a legal resident of the United States for more than 20 years, he also reportedly... Read More

Utah Woman Faces Deportation After Losing Appeal
Posted on 13 May 2012 by Daniel M. Kowalski

"Kairi Shepherd was an orphan living in India when a Utah woman adopted her in 1982 — a seemingly good turn of luck for the 3-month-old, which included her obtaining legal permanent resident status in the United States. But when she was... Read More

CA10 on Briones, Brand X and Retroactivity: De Niz Robles v. Lynch
Posted on 21 Oct 2015 by Daniel M. Kowalski

"[W]e take heart from the fact that the only other circuit to have considered the competing factors at play in a case like our own has reached the same judgment we do. In Acosta-Olivarria, the Ninth Circuit employed its version of the Stewart Capital... Read More

CA10 on 'When...Released' - Olmos v. Holder (Mandatory Detention)
Posted on 24 Mar 2015 by Daniel M. Kowalski

"For aliens, a criminal conviction can often result in removal (deportation). When an alien is convicted and the federal government seeks removal, an immigration judge can ordinarily conduct a bond hearing to decide whether the alien should be released... Read More

CA10 on Choice of Law, 212(h): Medina-Rosales v. Holder
Posted on 24 Feb 2015 by Daniel M. Kowalski

"Mr. Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ indeed held video conference hearings with Mr. Medina-Rosales and his counsel, who were in Tulsa. ... The IJ’s... Read More

Tenth Circuit on Nepal, political opinion, abuse of discretion
Posted on 18 Oct 2011 by Daniel M. Kowalski

"Although the abuse-of-discretion standard is rigorous, our review convinces us that the BIA abused its discretion when it affirmed that the Maoists’ demands for money from KC did not constitute past persecution based on her political opinion... Read More

CA10 on CIMT, 212(h) Waiver - Obregon de Leon v. Lynch
Posted on 24 Dec 2015 by Daniel M. Kowalski

Obregon de Leon v. Lynch, Dec. 22, 2015 - "We affirm the Board’s determination that Mr. Obregon is removable because his conviction for possession of stolen vehicles constitutes a crime involving moral turpitude. However, Mr. Obregon is statutorily... Read More

CA10 on Nepal; Asylum, Withholding, CAT: Raj Karki v. Holder
Posted on 30 Apr 2013 by Daniel M. Kowalski

"The agency’s decision to deny Petitioner’s claims for asylum and restriction on removal cannot be upheld on any of the grounds given by the BIA. ... The record as a whole simply does not support the BIA’s conclusion that Petitioner... Read More

CA10 on Chevron, Brand X and Retroactivity: Gutierrez-Brizuela v. Lynch
Posted on 23 Aug 2016 by Daniel M. Kowalski

Gutierrez-Brizuela v. Lynch, Aug. 23, 2016 - "Hugo Gutierrez-Brizuela applied for adjustment of status in reliance on our decision in Padilla-Caldera I during the period it remained on the books. About that much there is no dispute. But unlike Mr... Read More

CA10 on INA Sec. 237(a)(2)(E)(i): Ibarra v. Holder
Posted on 2 Jul 2013 by Daniel M. Kowalski

"Elia Ibarra Rivas petitions for review of a Board of Immigration Appeals decision that found her Colorado conviction for “child abuse – negligence – no injury” to categorically constitute a “crime of child abuse, child... Read More