Immigration Law

Recent Posts

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Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for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 Remand: Evidence, Fact-Finding, Testimony (Feb. 7, 2018)
Posted on 5 Mar 2018 by Daniel M. Kowalski

Matter of X-, Feb. 7, 2018, unpublished - "[W]e agree with the respondent's contention that in denying his motion to reopen, the Immigration Judge erroneously denied him the opportunity to testify regarding the amount of monetary loss involved... Read More

Unpub. BIA Equitable Tolling Victory (Apr. 19, 2018)
Posted on 24 Apr 2018 by Daniel M. Kowalski

Matter of X-, Apr. 19, 2018 - "We conclude upon de novo review, that equitable tolling of the reopening deadline is appropriate in this case. ... Given the evidence of record that the respondent spoke Triqui fluently and only "basic Spanish... Read More

Unpub. BIA Victory re Ineffective Assistance, Equitable Tolling (Feb. 12, 2018)
Posted on 19 Feb 2018 by Daniel M. Kowalski

CLINIC Training and Legal Support Senior Attorney Michelle N. Mendez writes: "The ASAP team of Swapna Reddy, Dorothy Tegeler, and Liz Willis has done it again. With just a few days before her check-in with Atlanta ICE ERO, a mother reached out to... Read More

Unpub. BIA CIMT Termination Victory (Dec. 6, 2017)
Posted on 18 Dec 2017 by Daniel M. Kowalski

"On de novo review, we are not persuaded by the DHS's appellate arguments to disturb the Immigration Judge's decision to terminate these removal proceedings. We agree with the Immigration Judge's conclusion, as set forth in his well-reasoned... Read More

Unpub. BIA Asylum Victory, Somalia: Matter of K-D-H- (Oct. 5, 2017)
Posted on 3 Nov 2017 by Daniel M. Kowalski

Matter of K-D-H- (Oct. 5, 2017, unpub.) Please read the attached IJ decision. No surprise to those of us in the trenches, but perhaps a wake-up call to those who think the asylum system is easy. Hats off to Marty Rosenbluth ! Read More

Unpub. BIA CIMT Victory: Matter of K-K-R- (Mar. 9, 2018)
Posted on 15 Mar 2018 by Daniel M. Kowalski

Matter of K-K-R- (Mar. 9, 2018, unpub.) - "The only issue on appeal is whether Minn. Stat. § 609.713, subd. 1, is a CIMT. We agree with the Immigration Judge that Avendano v. Holder is not dispositive. The Immigration Judge correctly observed... Read More

Unpub. BIA Remand; Westernized Somali; Al-Shabaab (Dec. 5, 2017)
Posted on 13 Dec 2017 by Daniel M. Kowalski

Kim Hunter writes: "Respondent, a Somali national, moved for reopening of his 2003 removal order, arguing that: 1) he was eligible for asylum, withholding, and CAT due to changed country conditions; 2) he was eligible for readjustment of status through... Read More

Unpub. BIA Equitable Tolling Victory: Matter of Lugo-Resendez (Dec. 27, 2017)
Posted on 17 Jan 2018 by Daniel M. Kowalski

Jodi Goodwin writes: "Thought you all would be interested in the attached unpublished BIA decision in which the Board (Pauley) follows the Fifth's decision in Lugo-Resendez. [ Lugo-Resendez v. Lynch , 831 F.3d 337 (5th Cir. 2016)] As background... 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

IRAC Releases 2018 Edition of Index of Unpublished BIA Decisions
Posted on 26 Jan 2018 by Daniel M. Kowalski

IRAC, Jan. 25, 2018 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2018 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index now contains links to more than 2,000 unpublished... Read More

Tags: bia , unpublished , irac , index

Unpub. BIA Guatemalan Asylum Victory (Dec. 27, 2017)
Posted on 16 Jan 2018 by Daniel M. Kowalski

Camiel Becker writes: " I am writing to share a recent BIA win by Becker & Lee LLP attorney Melissa Phatharanavik . The case involves a Guatemalan man who was granted withholding of removal due to police corruption in Guatemala. An Immigration... Read More

Unpub. BIA Withholding Victory (Jan. 26, 2018)
Posted on 2 Feb 2018 by Daniel M. Kowalski

Prof. Linus Chan writes: "The case involved a person who was granted withholding a number of years back and who left to go to Canada in order to see if he can get asylum and sponsor his family to join him. When his Canadian efforts were unsuccessful... Read More