Immigration Law

Recent Posts

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 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 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

Cornell Asylum Clinic Wins BIA Remand for Somali (unpub., May 25, 2016)
Posted on 1 Jun 2016 by Daniel M. Kowalski

Stephen W. Yale-Loehr, Professor of Immigration Law Practice, Cornell Law School , and Co-Author, Immigration Law & Procedure Treatise , writes: "My colleague Estelle McKee and two students (Jamie Long and Melvin Wu) just won a remand from the... Read More

Unpublished BIA Victory in Religious Persecution Case - Benin
Posted on 6 Jul 2016 by Daniel M. Kowalski

Cornell Law Prof. Steve Yale-Loehr writes: "Krsna Avila and Yanet Cordero, two of our students in the Cornell asylum appeals clinic, just won a remand from the BIA in a case involving religious persecution in Benin. The case involved a man who converted... Read More

Unpub. BIA Asylum Victory: Honduras, Domestic Violence, Social Group
Posted on 25 Apr 2016 by Daniel M. Kowalski

Christina Brown writes, "[Here is an] unpublished BIA decision granting asylum on an A-R-C-G- claim for an unmarried woman in a short term relationship. If you need any additional information, including facts about the case, please do not hesitate... 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Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a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 Asylum Victory, Somalia, FGM
Posted on 5 Feb 2014 by Daniel M. Kowalski

"In sum, we conclude that the respondent met her burden of proof for asylum based on suffering FGM and that she merits relief as a matter of discretion." - Matter of X-, Dec. 31, 2013 . [Hats off to Kim Hunter !] Read More

Unpub. BIA Credibility Remand: Camaroon
Posted on 14 Nov 2013 by Daniel M. Kowalski

David L. Cleveland of Catholic Charities of Washington writes: "Respondent, from Cameroon, testified he was imprisoned and beaten three times. He also gave the court a fake photo of his injuries. The Immigration Judge denied asylum, deeming respondent... Read More

Unpub. BIA Asylum Remand Victory: Honduras, Social Group
Posted on 1 Dec 2014 by Daniel M. Kowalski

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014)... Read More

Unpub. BIA Asylum Victory, Senegal, FGM
Posted on 20 Dec 2013 by Daniel M. Kowalski

"Contrary to the Immigration Judge's finding (I.J. at 10-11), the fact that the respondent does not fear being subjected to female genital mutilation upon her return to Senegal is insufficient to rebut the presumption of future persecution. Rather... Read More

Unpub. BIA Asylum Victory, 1-Year Filing Deadline
Posted on 19 Nov 2016 by Daniel M. Kowalski

Matter of X-, June 14, 2016 - "[W]e conclude that the respondent filed her asylum application within a reasonable period of her seeking and receiving mental health services that treated her PTSD symptoms, specifically the avoidance that affected... Read More

Unpub. BIA Asylum Victory, Cameroon, Political Opinion
Posted on 5 Feb 2014 by Daniel M. Kowalski

"[T]he Immigration Judge found that, despite her finding that the respondent lacked credibility, the evidence of record - to particularly include the credible testimony of one of the respondent's witnesses, Mr. Jean Claude Nkem-Kong-Nkem -otherwise... Read More

Unpub. BIA FGM Asylum Victory; Exception to One-Year Rule; Guinea
Posted on 3 Nov 2012 by Daniel M. Kowalski

Prof. Jon Bauer writes: "I'm attaching here a BIA decision that may be of interest, issued October 10, 2012 in a case handled by the University of Connecticut Law School's Asylum and Human Rights Clinic. Our client has consented to allow... Read More

Unpub. BIA Asylum Remand; El Salvador; Domestic Violence; One-Year Bar
Posted on 11 Nov 2016 by Daniel M. Kowalski

Prof. Lindsay M. Harris writes : "I write to share a positive decision from the BIA for a mother from El Salvador fleeing domestic violence. It may be helpful on the one-year filing deadline and immigration court backlogs, particular social group... Read More