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Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
A.G. Barr on Asylum, Persecution, Duress, Coercion: Matter of Negusie
Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020) (1) The bar to eligibility for asylum and withholding of removal based on the persecution of others does not include an exception for coercion or duress. (2) The Department of Homeland Security does...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Matter of A-M-R-C- Amicus Brief from "Round Table"
From the "Round Table" of 29 Former IJs and BIA Members, and Arent Fox. Note the important jurisdictional issue. Follow this developing story!
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr Extends Reply Brief Deadline in A-M-R-C-
Matter of A-M-R-C- (Aug. 19, 2020) "On June 17, 2020, pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I directed the Board of Immigration Appeals to refer this case to me for review of its decision. To assist me in my review, I directed that opening...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr Adds 3 New Hardliners to BIA
EOIR, Aug. 7, 2020 "The Executive Office for Immigration Review (EOIR) today announced the appointment of Michael P. Baird, Sunita B. Mahtabfar, and Sirce E. Owen as appellate immigration judges in EOIR’s Board of Immigration Appeals. Biographical...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
IJ Union Survives DOJ Attack: EOIR v. NAIJ
EOIR v. NAIJ "For the reasons discussed below, I find that IJs are not management officials within the meaning of section 7103(a)(l l) of the Statute, and EOIR's petition is dismissed."
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr Nukes the Categorical Approach: Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)
Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020) (1) If all of the means of committing a crime, based on the elements of the statute of conviction, amount to one or more of the offenses listed in section 101(a)(43) of the Immigration and Nationality...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Wolf, Barr on DACA (July 28, 2020)
July 28, 2020 DHS Press Release here . July 28, 2020 memo from Wolf to ICE, CBP and USCIS here . June 30, 2020 letter from Barr to Wolf here .
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr Appoints 46 New Immigration Judges
EOIR, July 17, 2020 "The Executive Office for Immigration Review (EOIR) announces the investiture of 46 immigration judges, including three assistant chief immigration judges. This class brings the immigration judge corps to 509, which is the highest...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr on Torture: Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)
Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020) (1) Under Department of Justice regulations implementing the Convention Against Torture, an act constitutes “torture” only if it is inflicted or approved by a public official or other person...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr Extends A-M-R-C- Amicus Brief Deadline
Office of the Attorney General, July 8, 2020 "Matter of A-M-R-C-, Respondent Decided by Attorney General July 8, 2020 U.S. Department of Justice Office of the Attorney General BEFORE THE ATTORNEY GENERAL On June 17, 2020, pursuant to...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr Taps New Chief IJ: Tracy Short
EOIR, July 2, 2020 "The Executive Office for Immigration Review (EOIR) today announced the appointment of Tracy Short as the Chief Immigration Judge of EOIR’s Office of the Chief Immigration Judge. Biographical information follows: Tracy...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
EOIR Posts Case Underlying Matter of A-M-R-C-
On its "Frequently Requested Agency Records" page, https://www.justice.gov/eoir/frequently-requested-agency-records , EOIR posted two files: https://www.justice.gov/eoir/page/file/1287366/download and https://www.justice.gov/eoir/page...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr Refers Matter of A-M-R-C- to Himself: Amicus Brief Invitation
Matter of A-M-R-C-, 28 I&N Dec. 7 (A.G. 2020) Interim Decision #3986 Matter of A-M-R-C-, Respondent Decided by Attorney General June 17, 2020 U.S. Department of Justice Office of the Attorney General BEFORE THE ATTORNEY GENERAL Pursuant...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
Justice For Sale? DOJ Offered Buyouts to Pre-Trump BIA Members
Tanvi Misra, Roll Call, May 27, 2020 "The Justice Department offered buyouts to pre-Trump administration career members on its influential immigration appeals board as part of an ongoing effort to restructure the immigration court system with new...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Barr Appoints Four New ACIJs; Two Have No Experience
[NOTE: Two of the four new ACIJs have no immigration law experience, yet they will hear cases.] EOIR, May 22, 2020 "The Executive Office for Immigration Review (EOIR) today announced four new assistant chief immigration judges (ACIJs). ACIJs...
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