Immigration Law

Recent Posts

CA9 on CAT: Velasquez-Samayoa v. Garland
Posted on 24 Jun 2022 by Daniel M. Kowalski

Velasquez-Samayoa v. Garland "Miguel Angel Velasquez-Samayoa seeks protection under the Convention Against Torture (“CAT”). Velasquez-Samayoa asserts that, if he were removed to his native country of El Salvador, he would be identified... Read More

Unpub. CA5 on Honduras, CAT, State Involvement: Guity Casildo v. Garland
Posted on 1 Jul 2021 by Daniel M. Kowalski

Guity Casildo v. Garland (unpub.) "[T]he BIA has not addressed the question of the applicability of the color-of-law rule regarding state involvement in torture. ... The parties agree that a remand is the best alternative where the BIA has made... Read More

Tags: torture , cat , Honduras

Barr on Torture: Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)
Posted on 14 Jul 2020 by Daniel M. Kowalski

Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020) (1) Under Department of Justice regulations implementing the Convention Against Torture, an act constitutes “torture” only if it is inflicted or approved by a public official or other person... Read More

CA9 on CAT, Mexico, Zetas, LGBTQ: Xochihua-Jaimes v. Barr
Posted on 26 Jun 2020 by Daniel M. Kowalski

Xochihua-Jaimes v. Barr "Substantial evidence does not support the BIA’s determination that Petitioner failed to meet her burden of proof under CAT that she would more likely than not be tortured, with the consent or acquiescence of a public... Read More

Tags: torture , cat , Mexico , zetas , LGBT

Jeffrey S. Chase: The Real Message of Matter of R-A-F-
Posted on 2 Mar 2020 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 1, 2020 "On February 26, the Attorney General (or more likely, someone authorized to speak on his behalf) issued a precedent decision in Matter of R-A-F - . My take on the import of this decision seems to be different than... Read More

The Case Behind the Case: Matter of R-A-F-
Posted on 27 Feb 2020 by Daniel M. Kowalski

Here is a link to the unpublished BIA decision in Matter of R-A-F- dated Sept. 11, 2019. Read More

A.G. on Torture: Matter of R-A-F-, 27 I&N Dec. 778
Posted on 27 Feb 2020 by Daniel M. Kowalski

Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) (1) The Board of Immigration Appeals should consider de novo the application of law to the facts of this case, including whether the deprivations that the respondent would be likely to encounter upon... Read More

Tags: torture , barr , bia

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

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

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

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