Immigration Law

Recent Posts

Unpub. BIA Pardon Remand Victory, Alabama (Jan. 29, 2018)
Posted on 12 Feb 2018 by Daniel M. Kowalski

Matter of X-, Jan. 29, 2018, unpub . - "The Board entered the final administrative decision on July 19, 2017, dismissing the lawful permanent resident respondent's appeal of the Immigration Judge's decision pretermitting his cancellation... Read More

Unpub. BIA Remand: Right to Full Hearing
Posted on 2 May 2013 by Daniel M. Kowalski

IJ determined written asylum application did not present a prima facie case and refused to hold a full hearing on the issue. BIA remanded. (But note dissent by Pauley.) - Matter of X-, Feb. 11, 2013 . [Hats off to Patricia G. Mattos.] Read More

Unpub. BIA Descamps Remand: Matter of Hernandez Garcia
Posted on 18 Aug 2014 by Daniel M. Kowalski

"[R]espondent argues that the determination cannot be made as to the level of harm he caused his victim under a modified categorical approach, because the indictment, plea agreement, or other documents that would indicate the nature of his offense... 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 mental competency remand victory
Posted on 21 Dec 2011 by Daniel M. Kowalski

"[A] remand is appropriate to enable the parties to apply the framework set out in Matter of M-A-M-, supra, including consideration of whether the respondent has a mental illness that impacted her credibility at the hearing." - Matter of X-... Read More

Unpub. BIA Remand Victory: AOS, False Claim
Posted on 24 Oct 2011 by Daniel M. Kowalski

Matthew L. Kolken writes: " Attached is a BIA decision overturning the IJ in Buffalo. He ruled that my client was statutorily ineligible for adjustment due to an alleged false claim to US citizenship that never happened. I moved for recusal during... Read More

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 Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization
Posted on 21 Dec 2012 by Daniel M. Kowalski

Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: " Attached is a holiday surprise from the BIA that might be of interest to others. - Reversing IJ on the one yr. asylum bar finding extraordinary... 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 Remand Victory: Using Martinez v. Mukasey
Posted on 6 Oct 2011 by Daniel M. Kowalski

"[I]n Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit reached a different result than that reached by this Board in Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010) (LJ. at 6-7). The... Read More

After CA5 Published Remand, BIA Reopens 1988 Deportation Case
Posted on 7 Dec 2012 by Daniel M. Kowalski

"The respondent in this case was ordered deported in absentia on September 29, 1988. The Board dismissed his appeal of an Immigration Judge's denial of his motion to reopen those proceedings on September 28, 2009. On May 12, 2010, the Board denied... Read More

Unpub. BIA asylum remand victory: arrest warrant as pretext
Posted on 21 Dec 2011 by Daniel M. Kowalski

"On appeal, the respondent argues that the arrest warrant issued against him is a pretext for political persecution. See Long v. Holder 620 F3d 162, 166 (2nd Cir. 2010) (noting that prosecution that is pretext for political persecution is not on... 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