Immigration Law

Recent Posts

CA10 (2-1) on Honduras, Transgender Women: Gonzalez Aguilar v. Garland
Posted on 29 Mar 2022 by Daniel M. Kowalski

Gonzalez Aguilar v. Garland "Kelly Gonzalez Aguilar is a transgender woman from Honduras. She came to the United States and applied for asylum, withholding of removal, and deferral of removal. In support, Kelly claimed • past persecution in... Read More

ICE Issues Guidance on Care of Transgender Individuals in Custody
Posted on 29 Jun 2015 by Daniel M. Kowalski

"U.S. Immigration and Customs Enforcement’s (ICE), Office of Enforcement and Removal Operations (ERO) issued further guidance to personnel on how to care for transgender individuals in custodial settings. “The Transgender Care Memorandum... Read More

Transgender Woman From Guatemala Secures Asylum
Posted on 3 May 2015 by Daniel M. Kowalski

"A transgender Guatemalan woman has been released from an all-male immigration detention facility after a judge in Arizona granted her asylum, attorneys said on Friday, in a case that gained nationwide attention and became a rallying point for immigrant... Read More

CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)
Posted on 30 Sep 2015 by Daniel M. Kowalski

Geoffrey A. Hoffman , Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding... Read More

Unpub. BIA Visa Petition Victory: MTF Transgender Married to USC Male
Posted on 7 Feb 2012 by Daniel M. Kowalski

"Having considered the unique circumstances of this case, we find that, while it does not mirror the factual scenario of Matter of Lovo , supra, it is a variation of our finding in that case. ... [W]e find that the petitioner and the beneficiary... Read More

CA9 on CAT, Mexico, Transgender: Avendano-Hernandez v. Lynch
Posted on 3 Sep 2015 by Daniel M. Kowalski

"The immigration judge (“IJ”) and the BIA erred ... in denying her application for CAT relief, ironically exhibiting some of the same misconceptions about the transgender community that Avendano-Hernandez faced in her home country. The... Read More

Interim Memo for Comment: Adjudication of Immigration Benefits for Transgender Individuals
Posted on 13 Apr 2012 by Daniel M. Kowalski

Adjudication of Immigration Benefits for Transgender Individuals; Addition of Adjudicator’s Field Manual (AFM) Subchapter 10.22 and Revisions to AFM Subchapter 21.3 - USCIS, April 10, 2012 . Comment period ends Apr. 27, 2012. Read More

Unpub. BIA CAT/Withholding Remand Victory; Mexico, Transgender (July 6, 2017)
Posted on 13 Jul 2017 by Daniel M. Kowalski

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "Our Cornell asylum/ CAT appeals clinic just won a BIA remand in a case involving a transgender person from Mexico. A summary of the case and a redacted version... Read More

Immigrant finds new life, protection in D.C.
Posted on 20 Dec 2011 by Daniel M. Kowalski

"Asylum, which allows an immigrant to live and work in the country legally, is more commonly associated with immigrants who have been persecuted in their home countries — or who might be in the future — because of their politics... Read More