Immigration Law

Recent Posts

BIA on Nexus, Jurisdiction, Voluntary Departure: Matter of M-F-O-
Posted on 4 Nov 2021 by Daniel M. Kowalski

Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021) - A notice to appear that does not specify the time or place of a respondent’s initial removal hearing does not end the accrual of physical presence for purposes of voluntary departure at the conclusion... Read More

CA9 on Admission, Voluntary Departure: Posos-Sanchez v. Garland
Posted on 7 Jul 2021 by Daniel M. Kowalski

Posos-Sanchez v. Garland "Noncitizens factually admitted to the United States at a U.S. port of entry while they hold temporary resident status under § 1255a(a) do not magically become unadmitted once their temporary resident status ends.... Read More

CA9 on Voluntary Departure: Zamorano v. Garland
Posted on 25 Jun 2021 by Daniel M. Kowalski

Zamorano v. Garland "Victor Luis Angeles Zamorano, a native and citizen of Mexico, seeks review of a decision by the Board of Immigration Appeals (BIA) dismissing his appeal from a decision of the immigration judge (IJ) that denied his application... Read More

BIA on Voluntary Departure, Pereira: Matter of Viera-Garcia and Ordonez-Viera
Posted on 26 Jan 2021 by Daniel M. Kowalski

Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021) Headnote: Where a notice to appear fails to specify the time or place of a respondent’s initial removal hearing, the subsequent service of a notice of hearing specifying... Read More

More Immigrants Are Giving Up Court Fights and Leaving the U.S.
Posted on 8 May 2019 by Daniel M. Kowalski

Christie Thompson, Andrew R. Calderon, The Marshall Project, May 8, 2019 "The number of immigrants who have applied for voluntary departure has soared since the election of Donald Trump, according to new Justice Department data obtained by The... Read More

CA11 on Ineffective Assistance: Flores-Panameno v. US Atty. Gen.
Posted on 22 Jan 2019 by Daniel M. Kowalski

Flores-Panameno v. US Atty. Gen. "Elida Antonia Flores-Panameno petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of her appeal. In short, Flores-Panameno asserts she received ineffective assistance... Read More

Pereira v. Sessions and the Right to Seek Voluntary Departure: Another Reason for the Wide Applicability of Pereira without the Need to Decide the Subject-Matter Jurisdiction Issue
Posted on 27 Aug 2018 by Daniel M. Kowalski

Prof. Geoffrey A. Hoffman, Aug. 27, 2018 - "Section 240B of the Immigration and Nationality Act (INA) provides for the right of respondents in removal proceedings to seek voluntary departure “at the conclusion” of removal proceedings... Read More

ACLU Sues Immigration Agencies Over 'Voluntary Departure' Procedures
Posted on 5 Jun 2013 by Daniel M. Kowalski

ACLU, June 4, 2013 : "Using misinformation, deception, and coercion, Border Patrol and ICE officers have pressured hundreds, if not thousands, of Mexican nationals with deep roots here in the United States into forfeiting their right to a fair hearing... Read More

CA9 on Brand X, Retroactivity, 245(i) and Voluntary Departure: Garifas-Rodriguez v. Holder
Posted on 19 Oct 2012 by Daniel M. Kowalski

"In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court instructed federal courts to defer to reasonable agency interpretations of ambiguous statutes, even when those interpretations conflict with the... Read More

Judge Dismisses 'Unfair' Charge of Illegal Re-entry: U.S. v. Gonzalez
Posted on 4 Jun 2015 by Daniel M. Kowalski

"The failure to tell an immigrant who was in the country illegally about his right to seek voluntary departure from the United States has led a federal judge to dismiss a charge of illegal re-entry. Southern District Judge Jesse Furman ruled that... Read More

Ninth Circuit on deadlines, weekends
Posted on 11 Oct 2011 by Daniel M. Kowalski

"[W]e hold that, where the last day of a period of voluntary departure falls on a day on which an immigrant cannot file a motion for affirmative relief with the BIA, that day does not count in the voluntary departure period if, as here, the immigrant... Read More

Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016)
Posted on 17 May 2016 by Daniel M. Kowalski

USCIS Policy Memo PM-602-0133 (May 13, 2016) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted Decision. Accordingly, this adopted decision establishes policy... Read More