Immigration Law

Recent Posts

Unpub. BIA Victory, 2 CIMTs: Matter of Romero
Posted on 24 Jun 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver... Read More

Post-Judulang Remand (Unpub. BIA)
Posted on 7 Jun 2014 by Daniel M. Kowalski

Nadeen Aljijakli writes: " I am very pleased to share the BIA's recent decision to reopen our client's case for consideration of 212(c) relief in light of the Supreme Court's case in Judulang v. Holder, 132 S.Ct. 476 (2011). Judulang... Read More

Unpub. BIA Equitable Tolling Victory: Matter of Kim
Posted on 4 Sep 2012 by Daniel M. Kowalski

Jon Eric Garde writes: "I want to share a BIA grant on a special motion to reopen for 212(c) over 13 years after the BIA order and over six years after the filing deadline post St. Cyr, as promulgated by governing regulations. Equitable tolling due... Read More

Unpublished BIA Victory: 212(c), Ineffective Assistance, Mental Capacity
Posted on 16 Oct 2011 by Daniel M. Kowalski

Jon Eric Garde of Las Vegas recently received good news from the BIA, granting his motion to reopen a case that had last been before the Board in 1998! Matter of Stevens, A035-172-124 - Detroit, Oct. 12, 2011, unpublished . Read More

Unpub. BIA 212(c) Victory
Posted on 14 Apr 2014 by Daniel M. Kowalski

Russell Abrutyn writes: "Here is a case that is all about persistence that I thought might be of interest to your readers. When the case began, the respondent, who had lawfully resided in the U.S. since 1969, appeared ineligible for relief under... Read More

Unpub. BIA 212(c) Remand (Date of Conviction)
Posted on 30 Sep 2016 by Daniel M. Kowalski

Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language... Read More

Unpub. BIA 212(c) Vartelas Victory in Boston
Posted on 26 Dec 2013 by Daniel M. Kowalski

"[W]e are convinced that Supreme Court precedent has superceded the regulatory prohibition against granting 212(c) relief under St. Cyr to aliens convicted after trial." Vacated and remanded. Matter of X-, Dec. 6, 2013 . [Hats off to Maude ... Read More