Immigration Law

Recent Posts

CA4 on CIMT: Ramirez v. Sessions
Posted on 18 Apr 2018 by Daniel M. Kowalski

Ramirez v. Sessions - "Jose Ramirez seeks review of the decision of the Board of Immigration Appeals (BIA) finding him ineligible for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Specifically... Read More

CA4 Vacates Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)
Posted on 20 Mar 2018 by Daniel M. Kowalski

Jimenez-Cedillo v. Sessions - "Pedro Josue Jimenez-Cedillo, a native and citizen of Mexico, was ordered removed from the United States after the Board of Immigration Appeals determined that sexual solicitation of a minor in Maryland, to which Jimenez... Read More

CA4 on Asylum, Changed Circumstances - Romero Zambrano v. Sessions
Posted on 6 Dec 2017 by Daniel M. Kowalski

Romero Zambrano v. Sessions, Dec. 5, 2017 - "This Court agrees with the logic of the Ninth, Second, and Sixth circuits. New facts that provide additional support for a pre-existing asylum claim can constitute a changed circumstance. These facts may... Read More

Unpub. BIA Bond Remand Victory (Dec. 29, 2017)
Posted on 5 Jan 2018 by Daniel M. Kowalski

Ben Winograd writes: "I'm very pleased to share this recent Board decision from a case I litigated with Mac Nayeri. The question at issue was whether respondents in the Ninth Circuit who are subject to prolonged detention while in withholding... Read More

Tags: bond , bia , winograd , diouf

Have You Been Following All the Unpublished BIA Cases from IRAC?
Posted on 27 Aug 2013 by Daniel M. Kowalski

The indefatigable Ben Winograd has posted at least 272 unpublished BIA cases on the Immigrant & Refugee Appellate Center site. Here's just a taste from August 14th: "Be careful if you're drinking coffee when you read the first opinion... Read More

Have You Read All 302 BIA Unpubs on Ben's Page?
Posted on 14 Sep 2013 by Daniel M. Kowalski

By the time you read this, there may be even more! Follow Ben Winograd and the IRAC Appellate Center on their quest to uncover all BIA unpubs ! Read More

IRAC Releases October 2015 Update to Index of Unpublished BIA Decisions
Posted on 22 Oct 2015 by Daniel M. Kowalski

IRAC, Oct. 22, 2015 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through October 14, 2015. ... Read More

Why “On or About” is Not “Clear and Convincing”
Posted on 11 Nov 2013 by Daniel M. Kowalski

"The Immigrant & Refugee Appellate Center (IRAC) recently received a favorable decision from the Board of Immigration Appeals on a technical but important issue for many noncitizens facing removal: whether a criminal indictment stating that an... Read More

IRAC Releases March 2016 Update to Index of Unpublished BIA Decisions
Posted on 20 Mar 2016 by Daniel M. Kowalski

IRAC, Mar. 17, 2016 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2016 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through March 10, 2016. ... Read More

Tags: update , winograd , irac , index

CA4 on Standard of Review: Upatcha v. Sessions
Posted on 22 Feb 2017 by Daniel M. Kowalski

Upatcha v. Sessions, Feb. 22, 2017 - "Facing deportation, petitioner Juraluk Upatcha, a citizen of Thailand, sought a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a United States citizen had ended... Read More

CA4 on Aggravated Felony: Larios-Reyes v. Lynch
Posted on 6 Dec 2016 by Daniel M. Kowalski

Larios-Reyes v. Lynch, Dec. 6, 2016 - "We find that the BIA erred as a matter of law and hold that Larios-Reyes’s conviction does not constitute the aggravated felony of “sexual abuse of a minor” under the INA because Maryland Criminal... Read More

Fresh BIA Unpubs at IRAC Site
Posted on 8 May 2013 by Daniel M. Kowalski

Check this site daily for new unpublished BIA decisions, courtesy of IRAC and Ben Winograd ! Read More

From Winograd & IRAC: More BIA Unpubs.
Posted on 4 Aug 2013 by Daniel M. Kowalski

Gustavo Alexis Murillo-Borjas , A097 744 763 (BIA July 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted a joint interlocutory appeal of a denial of a joint motion for administrative closure because the immigration... Read More

Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase
Posted on 29 Apr 2014 by Daniel M. Kowalski

Ben Winograd writes: "I'm happy to share this favorable BIA decision in a case I litigated with Susan Pai. The Board held that *attempted* second degree gang assault is not a CIMT because, as New York courts have found, it is a "legally... Read More

BIA Unpubs on Mandatory Detention under INA Section 236(c)
Posted on 4 Aug 2013 by Daniel M. Kowalski

Gerardo Candelario-Torres , A087 968 160 (BIA Jan. 14, 2011) In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention based on his assault conviction under Cal. Penal Code 240... Read More