Immigration Law

Recent Posts

Unpub. BIA Cancellation Remand Victory
Posted on 12 Sep 2012 by Daniel M. Kowalski

"Pursuant to Matter of Ortega-Cabrera, 23 I&N Dec. 793 (BIA 2005), because an application for cancellation of removal under section 240A(b )(1) of the Act, 8 U.S.C. § 1229(b)(1), is a continuing one for purposes of evaluating an alien's... Read More

Unpub. BIA Hardship Remand, Non-LPR Cancellation; Ecuador; Non-Qualifying Sibling
Posted on 20 Dec 2012 by Daniel M. Kowalski

H. Raymond Fasano writes: "Attached please find a BIA decision from December 13, 2012 that my Firm won. My partner, Rodney Youman, wrote the brief. The case is significant because the Board recognized the imputed hardship a non-qualifying relative... Read More

Unpub. BIA Non-LPR Cancellation Victory: Matter of Andrade
Posted on 24 Oct 2012 by Daniel M. Kowalski

Nicolas Chavez writes: "I have attached a BIA decision that we received last month. Our client recently gave us written permission to publish it in its entirety. This is a non-LPR cancellation case. We challenged the IJ's decision on several... Read More

Unpub. BIA Cancellation Victory
Posted on 6 Feb 2012 by Daniel M. Kowalski

Jose Quintero of Catholic Charities, Miami, won this recent victory at the BIA. Bravo! "[W]e conclude that the respondent warrants cancellation of removal as a matter of discretion. In finding that the respondent did not merit a favorable exercise... Read More

Unpub. BIA Cancellation Remand - Detroit
Posted on 5 Jan 2016 by Daniel M. Kowalski

Russell Abrutyn writes: "The BIA granted a second motion to reopen and remanded for further consideration of the respondent's eligibility for cancellation of removal as a permanent resident. In reopening, the BIA noted the ineffective assistance... Read More

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan
Posted on 9 Oct 2015 by Daniel M. Kowalski

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision... Read More

Unpub. BIA: Voluntary Return May Not Interrupt Continuous Physical Presence for COR
Posted on 5 Nov 2014 by Daniel M. Kowalski

"The Immigration Judge stated that it appeared there was an interruption in the respondent's continuous physical presence when he attempted to enter the United States in 2006 and he was returned to Mexico, given that it was not a refusal at the... Read More

Unpub. BIA Unicorn Trifecta on Cancellation in Seattle
Posted on 12 Aug 2014 by Daniel M. Kowalski

Manuel “Manny” Francisco Rios III writes: "Attached is a unicorn of the month for us - a reversal of an over-the-top IJ denial of 10 yr cancellation. The IJ denied the e-42B on three separate grounds: adverse credibility, lack of requisite... Read More

Unpub. BIA Cancellation Victory: Loss of Career in Dance a Factor
Posted on 18 Feb 2013 by Daniel M. Kowalski

"[W]e place significant emphasis on the hardship caused by inability to continue her dance career. The Immigration Judge concluded that ZZZZ would be unable to continue her dance career (I.J. at 16, 20). We do not find clear error in this determination... Read More