Immigration Law

Recent Posts

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

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Tags: mehr , cat , bia , Mexico , unpublished , gang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

Unpub. BIA CAT / Mental Competency Remand (Ethiopia/Eritrea)
Posted on 15 May 2013 by Daniel M. Kowalski

Stephen Yale-Loehr writes: "Our Cornell immigration appeals clinic just won an unpublished remand from the BIA in an interesting Ethiopian/Eritrean CAT case. The case largely concerned Matter of M-A-M- mental competency issues. The BIA also ordered... 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