Immigration Law

Recent Posts

CA9 on Asylum, Withholding, CAT, El Salvador, FMLN, Mara Salvatrucha: Quiroz Parada v. Sessions
Posted on 30 Aug 2018 by Daniel M. Kowalski

Quiroz Parada v. Sessions - "Moris Alfredo Quiroz Parada fled his native El Salvador in 1991 at the age of seventeen after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí... Read More

CA7 on CAT, Mexico, Fear of Torture by Zetas: Rivas-Peña v. Sessions
Posted on 23 Aug 2018 by Daniel M. Kowalski

Rivas-Peña v. Sessions - "Pedro Rivas-Pena has been a lawful permanent resident of the United States and is a citizen of Mexico. He faces removal to Mexico because of a state drug trafficking conviction. He has applied for deferral of removal... Read More

Unpub. BIA CAT Victory (Mexico; June 25, 2018)
Posted on 6 Jul 2018 by Daniel M. Kowalski

Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the... Read More

Unpub. BIA Nicaraguan CAT Victory (Dec. 1, 2017)
Posted on 18 Dec 2017 by Daniel M. Kowalski

"The applicant, a native and citizen of Nicaragua, appeals from an Immigration Judge's decision, dated June 8, 2017, denying his application for deferral of removal under the Convention Against Torture (Convention), 8 C.F.R. § 1208.17. The... Read More

CA7 on Honduras, CAT - Perez v. Sessions (May 2, 2018)
Posted on 7 May 2018 by Daniel M. Kowalski

Perez v. Sessions (May 2, 2018) - "Perez argues that the immigration service erred by failing to make factual findings about whether he would have been tortured had he not narrowly escaped the gang’s violent recruitment efforts years earlier... Read More

CA6 on Jordan, CAT, Honor Killing: Kamar v. Sessions
Posted on 20 Nov 2017 by Daniel M. Kowalski

Kamar v. Sessions, Nov. 17, 2017 - "The issue is whether a woman who will either be subject to an “honor killing,” or alternatively, “protective custody” in Jordan is entitled to relief. For the reasons set forth below, we... Read More

CA2 on Categorical Approach, CAT - Doe v. Sessions
Posted on 29 Mar 2018 by Daniel M. Kowalski

Doe v. Sessions, Mar. 29, 2018 - "Petitioner John Doe seeks review of an April 13, 2016 judgment of the Bureau of Immigration Appeals dismissing his appeal from an October 22, 2015 decision of an Immigration Judge ordering Doe’s removal and... Read More

Former Salvadoran Defense Minister Ordered Deported for Responsibility for Torture, Extrajudicial Killings: Matter of Vides Casanova
Posted on 12 Mar 2015 by Daniel M. Kowalski

Official Headnote: "The respondent is removable under section 237(a)(4)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(4)(D) (2012), where the totality of the record supported the conclusion that, through his “command responsibility”... Read More

Social Worker at ICE Prison for Refugee Moms, Kids Speaks Out - "What is Happening There is Tantamount to Torture"
Posted on 27 Jul 2015 by Daniel M. Kowalski

Franco Ordoñez, McClatchyDC, July 27, 2015 - "Oliva López thought she’d be working with migrant mothers and children in a group-home setting when hired as a social worker at a Texas family detention center. But when she arrived... Read More

ICE Removes (Deports) Vides Casanova, Former Salvadoran Defense Minister
Posted on 8 Apr 2015 by Daniel M. Kowalski

"A former minister of defense of El Salvador was removed from the United States by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Wednesday, after the Board of Immigration Appeals (BIA... Read More

Cornell Immigration Clinic Wins Interesting CAT Case
Posted on 15 Jul 2015 by Daniel M. Kowalski

"From 2007 to 2010, Naskovets was an identity thief — the voice on the phone that explained questionable purchases to banks and gave final approval for fraudulent wire transfers. He didn’t convince every agent; about a third of the time... Read More

9th Circuit Decision an 'Important Step' for Mexican Torture Victims
Posted on 28 Mar 2015 by Daniel M. Kowalski

"A federal appeals court on Friday overturned decisions that put the burden of proof on foreigners who claim they were tortured in their home countries to show they cannot safely return to another part of the country they fled. The 9th U.S. Circuit... Read More

Report: Tortured and Detained
Posted on 7 Nov 2013 by Daniel M. Kowalski

"Detention is a daunting experience for anyone but particularly egregious for survivors of torture. For survivors, given the long-term impacts of torture and trauma, the fact of being detained at all is often retraumatizing. Further, particular elements... Read More

Credible Fear Lesson Plan 'Undermines the Asylum Process' - Bill Ong Hing
Posted on 5 May 2014 by Daniel M. Kowalski

"On February 28, 2014, you released a revised version of the " ADOTC Lesson Plan, Credible Fear of Persecution and Torture Determinations " to USCIS Asylum Office Directors and Asylum Officers throughout the country. I have reviewed the... Read More

San Diego IJ CAT Victory: Mexico, Mental Illnesses
Posted on 13 May 2013 by Daniel M. Kowalski

Hats off to Cleveland attorney Anna Markovich , who represented the respondent pro bono at the BIA and as amicus curiae on remand. - "Upon a thorough evaluation of all the evidence and after very careful consideration of the BIA remand Order, the... Read More