Immigration Law

Recent Posts

CA7 on El Salvador, Gang Violence, Social Group: W.G.A. v. Sessions
Posted on 24 Aug 2018 by Daniel M. Kowalski

W.G.A. v. Sessions - "In 2015, tattooed members of the Mara 18 gang held a gun to petitioner W.G.A.’s head and threatened to kill him. The Mara 18—also known as the “Calle 18,” “Barrio 18,” or “Eighteenth... Read More

Unpub. BIA CAT Victory (Mexico; June 25, 2018)
Posted on 6 Jul 2018 by Daniel M. Kowalski

Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the... 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

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions
Posted on 1 May 2017 by Daniel M. Kowalski

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution... Read More

Posner Dings the BIA Again: CA7 on Withholding, Nicaragua - Gutierrez-Rostran v. Lynch
Posted on 15 Jan 2016 by Daniel M. Kowalski

Gutierrez-Rostran v. Lynch, Jan. 13, 2016 - "The treatment by the immigration court and the Board of the cousin’s murder was too cursory to justify denial of Gutierrez-Rostran’s application for withholding of removal. ... Neither the... Read More

Asylum, Withholding Victory (Mexico, Cartel Violence) in Boise, Idaho
Posted on 26 Jul 2013 by Daniel M. Kowalski

In Matter of X-, July 17, 2013 IJ Bennett ruled : "Respondent's application for asylum is granted because he has established a well-founded fear of future persecution based on his membership in the particular social group of relatives of law... Read More

Kinship as Particular Social Group: Guatemalan CAT/Withholding Victory at Berks Immigration Court
Posted on 30 May 2015 by Daniel M. Kowalski

"The pernicious problem of gender-based violence in Guatemala is a complex phenomenon. But at its core lies the inescapable fact that women in Guatemala are generally viewed as subservient to men and according to the police, unworthy of its protections... Read More

CA9 on Withholding, Philippines, Sexual Orientation, Clear Error: Vitug v. Holder
Posted on 25 Jul 2013 by Daniel M. Kowalski

"Dennis Vitug, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order vacating an immigration judge’s (“IJ”) grant of withholding of removal and protection... 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

Penn State Law Clinic Creates Toolkit for Withholding-Only Proceedings
Posted on 4 Aug 2014 by Daniel M. Kowalski

"Clinic students and the Pennsylvania Immigrant Resource Center (PIRC) teamed up to make a practice guide for attorneys representing noncitizens in withholding-only proceedings. Available online , the toolkit features: • A summary of remedies... Read More

CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)
Posted on 30 Sep 2015 by Daniel M. Kowalski

Geoffrey A. Hoffman , Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding... Read More

CA9 on Material Support Bar: Annachamy v. Holder
Posted on 3 Jul 2012 by Daniel M. Kowalski

"Satheeskumar Annachamy petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him asylum and withholding of removal because he provided material support to a terrorist organization, in violation of 8 U.S.C. § 1182... Read More

Pro Se Withholding Victory: El Salvador, Tattooed Youth (UPDATED)
Posted on 24 Oct 2012 by Daniel M. Kowalski

[UPDATED: A reader noticed that the link to the decision was broken. Fixed now. Please bring any broken links to my attention! Dan Kowalski, dkowalski - at - david-ware. dot com.] Matthew J. Lamberti, Staff Attorney at PIRC , writes: "I wanted... Read More

CA7 (Posner) on CAT, Honduras, HIV Status: Velasquez-Banegas v. Lynch
Posted on 21 Jan 2017 by Daniel M. Kowalski

Velasquez-Banegas v. Lynch - "Suppose a person if removed to his country of origin would be sure to be persecuted unless, by living in a cave, he avoided all contact with other persons. The next step would be to rule that no one can have a real fear... Read More

CA3 on Honduras, Withholding: Mendoza-Ordonez v. Atty. Gen.
Posted on 24 Aug 2017 by Daniel M. Kowalski

Mendoza-Ordonez v. Atty. Gen. - "[W]e are convinced that evidence of the politically motivated death threats, the inaction on Mendoza’s complaints, a perpetrator and judge who shared a political affiliation in opposition to that of Mendoza... Read More