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Daniel M. Kowalski
18 days ago
Immigration Law
Inside News
CA1 on Habeas, CAT, Extradition: Aguasvivas v. Pompeo
Aguasvivas v. Pompeo "The Dominican Republic requests Cristian Starling Aguasvivas for extradition. After a federal magistrate judge certified Aguasvivas as eligible for extradition, Aguasvivas filed a habeas corpus petition in the District of...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
EOIR Final Rule: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
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...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
CA8 on CAT, Somalia, Standard of Review: Kassim v. Barr
Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
CA2 on Jurisdiction, CAT, Jamaica: Manning v. Barr
Manning v. Barr "We hold that the jurisdictional provision in 8 U.S.C. § 1252(a)(2)(C), which limits this Court’s jurisdiction, applies only to cases where the Immigration Judge (“IJ”) has found a petitioner removable based...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
CA9 on CAT, Mexico: Guerra v. Barr
Guerra v. Barr "Jose Eduardo Guerra (“Guerra”), a citizen and national of Mexico, petitions for review of an adverse decision by the Board of Immigration Appeals (“BIA”). At issue is Guerra’s application for deferral...
Daniel M. Kowalski
10 months ago
Immigration Law
Outside News
Jeffrey S. Chase: The Real Message of Matter of R-A-F-
Jeffrey S. Chase, Mar. 1, 2020 "On February 26, the Attorney General (or more likely, someone authorized to speak on his behalf) issued a precedent decision in Matter of R-A-F - . My take on the import of this decision seems to be different than...
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
The Case Behind the Case: Matter of R-A-F-
Here is a link to the unpublished BIA decision in Matter of R-A-F- dated Sept. 11, 2019.
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019)
Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019) (1) Torturous conduct committed by a public official who is acting “in an official capacity,” that is, “under color of law” is covered by the Convention Against Torture and Other...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA7 on Asylum, Mexico, Cartel Violence: Gonzalez Ruano v. Barr
Gonzalez Ruano v. Barr "In September 2016, members of a Mexican drug cartel kidnapped, tortured, and threatened to kill petitioner Mauricio Gonzalez Ruano, who was living with his family in the Mexican state of Jalisco. ... We find that the record...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA9 on CAT, Firm Resettlement, Cameroon: Arrey v. Barr
Arrey v. Barr "[W]e conclude that the Board erred as a matter of law in its analysis and application of the “firm resettlement” rule. As to Arrey’s claim for relief under CAT, we conclude that substantial evidence does not support...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Standard of Review: Cruz-Quintanilla v. Whitaker
Cruz-Quintanilla v. Whitaker "We conclude that the Board applied the wrong standard of review. Whether Cruz-Quintanilla established that the government would acquiesce in his torture under 8 C.F.R. § 1208.16(c)(2) is a mixed question of law...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
BIA on CAT, Torture: Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)
Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018) - Where the evidence regarding an application for protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA7 on El Salvador, Gang Violence, Social Group: W.G.A. v. Sessions
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Immigration Law Blog
Unpub. BIA CAT Victory (Mexico; June 25, 2018)
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...