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Daniel M. Kowalski
1 day ago
Immigration Law
Inside News
NYLAG Unpub. BIA FOIA Update
NYLAG, Jan. 30, 2023 "... Under the settlement approved in February 2022, the Board is required to place nearly all its opinions into an online reading room, accessible to all in perpetuity, ensuring that immigration advocates will have access...
Daniel M. Kowalski
11 days ago
Immigration Law
Inside News
Remember the NYLAG Settlement? (BIA Unpubs.)
In case you had forgotten... "... In February 2022, the United States District Court for the Southern District of New York ordered the Board to establish an online library of its unpublished opinions – the result of a settlement between the...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
BIA Pro Bono Project News (Sept. 15, 2022)
EOIR, Sept. 15, 2022 "As part of EOIR’s “Access EOIR” initiative, the agency is seeking to revise its Form EOIR-26 , Notice of Appeal from a Decision of an Immigration Judge, to include a section for unrepresented respondents...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
CA1 on Abuse of Discretion: Rivera-Medrano v. Garland
Rivera-Medrano v. Garland "Karen Elizabeth Rivera-Medrano, a citizen and native of El Salvador, has petitioned for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of her request for withholding of removal...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
Garland Appoints New BIA Member: Beth Liebmann
EOIR, Apr. 13, 2022 "Attorney General Merrick B. Garland has appointed Beth Liebmann as a Member of EOIR’s Board of Immigration Appeals (BIA). ... Judge Liebmann earned a Bachelor of Arts in 1981 from Brandeis University and a Juris Doctor...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
BIA Amicus Invitation: Texas Burglary; Crime of Violence; Due Date May 3, 2022
EOIR, Apr. 12, 2022 "ISSUES PRESENTED: 1. Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
BIA Amicus Invitation: Vacatur of a Criminal Conviction (Due Date Apr. 6, 2022)
BIA, Mar. 16, 2022 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: What factors should the Board weigh when considering an untimely motion to...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
82,645 Appeals Pending at the BIA
As of Jan. 19, 2022 there are 82,645 appeals pending at the BIA.
Daniel M. Kowalski
11 months ago
Immigration Law
Outside News
Historic FOIA Settlement Levels the Legal Playing Field for Immigrant Advocates: NYLAG v. BIA
NYLAG, Feb. 10, 2022 " A federal district court in New York on Wednesday evening ordered the U.S. Board of Immigration Appeals to establish an online library of its unpublished opinions – the result of a settlement between the New York Legal...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Abuse of Discretion, Continuances: Garcia Cabrera v. Garland
Garcia Cabrera v. Garland "This petition arises out of an immigration judge’s (IJ) refusal (affirmed by the Board of Immigration Appeals (BIA)) to continue the deportation proceedings of a movant that the IJ himself recognized was likely...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
EOIR Electronic Case Access and Filing Final Rule
Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 "On December 4, 2020, the Executive Office for Immigration Review (“EOIR”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
EOIR on Administrative Closure
EOIR, Nov. 22, 2021 "On July 15, 2021, the Attorney General issued a precedential decision in Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021). In that decision, the Attorney General restored the authority of immigration judges and the Board...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
BIA CIMT Amicus Invitation (Due Date: Dec. 8, 2021)
Amicus Invitation No. 21-17-11 "ISSUE PRESENTED: In Hernandez v. Whitaker, 914 F.3d 430 (6th Cir. 2019), the United States Court of Appeals for the Sixth Circuit concluded that section 750.82 of the Michigan Compiled Laws is not divisible and that...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
BIA Amicus Invitation: Aggravated Felony (Due Nov. 30, 2021)
Amicus Invitation No. 21-09-11 "ISSUE PRESENTED: Whether all aggravated felonies under section 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43), per se come within the ambit of a particularly serious crime, such that...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
BIA on Nexus, Jurisdiction, Voluntary Departure: Matter of M-F-O-
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...
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