Immigration Law

Recent Posts

Unpub. BIA Equitable Tolling Victory: Matter of Lugo-Resendez (Dec. 27, 2017)
Posted on 17 Jan 2018 by Daniel M. Kowalski

Jodi Goodwin writes: "Thought you all would be interested in the attached unpublished BIA decision in which the Board (Pauley) follows the Fifth's decision in Lugo-Resendez. [ Lugo-Resendez v. Lynch , 831 F.3d 337 (5th Cir. 2016)] As background... Read More

Unpub. BIA Withholding Victory (Jan. 26, 2018)
Posted on 2 Feb 2018 by Daniel M. Kowalski

Prof. Linus Chan writes: "The case involved a person who was granted withholding a number of years back and who left to go to Canada in order to see if he can get asylum and sponsor his family to join him. When his Canadian efforts were unsuccessful... Read More

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 CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)
Posted on 2 Nov 2017 by Daniel M. Kowalski

David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as Money, did not render him inadmissible... Read More

Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102
Posted on 11 Jan 2018 by Daniel M. Kowalski

Matter of X-, Jan. 5, 2018, unpub. - "[W]e conclude that the respondent's conviction for Failure to Comply with Registration Requirements does not constitute a conviction for a crime involving moral turpitude. ... Given the mental state which... 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

Unpub. BIA Burden of Proof Victory in Texas
Posted on 21 Jun 2012 by Daniel M. Kowalski

"In sum, we find that the DHS has failed to meet its burden of proving that the respondent is removable based on the charges listed in the Notice to Appear and 1-261, and disagree with the Immigration Judge's finding that the respondent is removable... Read More

Unpub. BIA Victory - Straight Outa Lumpkin!
Posted on 23 Jan 2015 by Daniel M. Kowalski

Bob Beer can give you the details, but on this order , his client will be released from the Stewart, GA hellhole. Hats off to Bob! 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 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 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 4th Am. Violation Remand: Matter of Espana
Posted on 11 Dec 2014 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth... Read More

Unpub. BIA TPS Victory: Matter of R-
Posted on 1 Apr 2013 by Daniel M. Kowalski

Mo Goldman writes: "The BIA dismissed the appeal filed by DHS from an IJ’s decision granting the respondent Temporary Protected Status (TPS) pursuant to INA §244(b)(5)(B). Respondent, a citizen of Honduras, requested that the IJ grant... Read More

Tags: tps , bia , Goldman , unpublished

Unpub. BIA Humanitarian Asylum Victory (Liberia)
Posted on 30 Apr 2013 by Daniel M. Kowalski

Prof. Stephen Meili writes: "The Immigration and Human Rights Clinic at the University of Minnesota Law School recently received a BIA decision regarding humanitarian asylum that I think will be of interest. The Immigration Judge had denied asylum... Read More