Immigration Law

Recent Posts

Unpub. BIA Victory: Mexico, WH/CAT, Imputed Nationality
Posted on 4 Jun 2019 by Daniel M. Kowalski

Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that... Read More

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico
Posted on 26 Apr 2016 by Daniel M. Kowalski

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude... Read More

Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership
Posted on 10 Sep 2014 by Daniel M. Kowalski

"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration... Read More

Unpub. BIA CAT Remand: Mexico; Zetas; Whistleblower
Posted on 12 Apr 2013 by Daniel M. Kowalski

"[T]he applicant also testified that he was beaten by police officers because his friend's mother reported the incident with the Zeta Cartel to the police (11. at 4' Tr. at 63-65). The Immigration Judge did not assess whether the applicant's... 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

Unpub. BIA Cancellation Hardship Victory; Mexico; Heart Defects
Posted on 23 Sep 2013 by Daniel M. Kowalski

"We also find that, while the respondent in this case has family in Mexico, her situation nevertheless is analogous to that in Matter of Recinas, supra, as she is a single mother of limited economic means who is supporting her five children, including... Read More

Unpub. BIA on Asylum, Mexico, Social Group, Gender Identity: Matter of M-G-O-
Posted on 23 Mar 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a particular social group consisting of effeminate... Read More

Unpub. BIA CAT Victory: Mexico; Imputed Gang Affiliation
Posted on 7 Oct 2014 by Daniel M. Kowalski

"[T]he respondent has presented evidence, undisputed by the DHS, that the Federal Government and at least one local government in the United States have identified him as a member of the Norteño gang and have done so in the presence of rival... Read More

Tags: mehr , cat , bia , Mexico , unpublished , gang

Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group
Posted on 1 Nov 2011 by Daniel M. Kowalski

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances... Read More