Immigration Law

Recent Posts

Bhaktibhai-Patel Practice Alert: NILA (May 2, 2022)
Posted on 2 May 2022 by Daniel M. Kowalski

NILA, May 2, 2022 "On April 27, 2022, a panel of the Second Circuit issued a decision that, if permitted to stand, cuts off judicial review for individuals with fear-based claims who are subject to final removal orders under the reinstatement statute... Read More

EOIR/USCIS Security Bars Rule; Further Delay of Effective Date
Posted on 27 Dec 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 12/28/2021 "On December 23, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively, “the Departments”... Read More

CA1 on Credibility: Lopez Troche v. Garland
Posted on 19 Oct 2021 by Daniel M. Kowalski

Lopez Troche v. Garland "Mario Rene Lopez Troche ("Lopez Troche"), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirms the denial of his application for... Read More

Rare BIA Victory for Gay Jamaican Man: UPDATE (Nov. 10, 2021)
Posted on 26 Sep 2021 by Daniel M. Kowalski

Spring, Texas attorney Veronica Semino scored this unpublished BIA remand for her client, who was detained in Oakdale. UPDATE: On Nov. 10th, the IJ granted AOS and the client was released from ICE detention! In the single-member decision dated Aug... Read More

Supreme Court on Bond: Johnson v. Guzman Chavez (6-3)
Posted on 29 Jun 2021 by Daniel M. Kowalski

Johnson v. Guzman Chavez Majority (Alito) - "Federal immigration law contains various provisions authorizing the Government to detain aliens during the removal process. This case concerns two of them: 8 U. S. C. §1226 and 8 U. S. C. §1231... Read More

BIA on Withholding: Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021)
Posted on 9 Apr 2021 by Daniel M. Kowalski

Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021) - Where the Department of Homeland Security states that an applicant may be removed to a country pursuant to section 241(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(2) (2018),... Read More

EOIR Final Rule: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
Posted on 10 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 "On June 15, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively “the Departments”) published... Read More

Proposed EOIR Rule: Procedures for Asylum and Withholding of Removal
Posted on 21 Sep 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 09/23/2020 "The Department of Justice (“Department” or “DOJ”) proposes to amend the Executive Office for Immigration Review (“EOIR”) regulations... Read More

CA3 on Withholding: Sathanthrasa v. Atty. Gen.
Posted on 30 Jul 2020 by Daniel M. Kowalski

Sathanthrasa v. Atty. Gen. "[T]he immigration regulations provide that when a petitioner is denied asylum but then granted withholding, the denial of asylum “shall be reconsidered,” and the factors the immigration judge (IJ) must consider... Read More

Proposed EOIR/USCIS Rule Would Further (!) Gut Asylum, Withholding
Posted on 8 Jul 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 132 / Thursday, July 9, 2020 "This proposed rule would amend existing DHS and DOJ (collectively, “the Departments”) regulations to clarify that the Departments may consider emergency public health concerns... Read More

CA4 on Future Threat Presumption: Ortez-Cruz v. Barr
Posted on 28 Feb 2020 by Daniel M. Kowalski

Ortez-Cruz v. Barr "We conclude that the Board erred in finding that the government rebutted the future-threat presumption. It was the government’s burden to prove either condition that rebuts the presumption, and the record doesn’t... Read More

BIA on Particular Social Group: Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020)
Posted on 10 Feb 2020 by Daniel M. Kowalski

Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020) (1) An alien’s status as a landowner does not automatically render that alien a member of a particular social group for purposes of asylum and withholding of removal. (2) To establish a particular... Read More

Unpub. BIA Victory: Mexico, WH/CAT, Imputed Nationality
Posted on 4 Jun 2019 by Daniel M. Kowalski

Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that... Read More