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Daniel M. Kowalski
3 days ago
Immigration Law
Inside News
CA5 on Due Process, Credibility: Nkenglefac v. Garland
Nkenglefac v. Garland "Petitioner Giscard Nkenglefac, a native and citizen of Cameroon, applied for admission into the United States on May 9, 2018. The immigration judge (“IJ”), Agnelis Reese, denied Nkenglefac’s application...
Daniel M. Kowalski
16 days ago
Immigration Law
Inside News
CA9 on Credibility, Frivolousness: Udo v. Garland
Udo v. Garland "Peter Donatus Udo is a citizen of Nigeria who applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) in the United States on the grounds that he feared violence in Nigeria...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Unpub. CA5 Credibility, CAT Remand: Thraiyappah v. Garland
Thraiyappah v. Garland "Balasuntharam Thraiyappah petitions for review of the Board of Immigration Appeals’ (BIA) decision dismissing an appeal of the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
CA1 Remand: Menjivar Bonilla v. Garland
Menjivar Bonilla v. Garland "Jose Ernesto Menjivar Bonilla, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for withholding of removal...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
CA10 Credibility Remand: Takwi v. Garland
Takwi v. Garland "Nkemchap Nelvis Takwi seeks review of a decision by the Board of Immigration Appeals (BIA) dismissing his appeal from a removal order entered by an Immigration Judge (IJ) and denying his motion to remand. Exercising jurisdiction...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
En Banc CA1 Credibility Remand: Diaz Ortiz v. Garland
Diaz Ortiz v. Garland "Cristian Josue Diaz Ortiz, a native of El Salvador, seeks review of a decision by the Board of Immigration Appeals ("BIA") affirming the denial of his claims for asylum, withholding of removal, and protection under...
Thomas A. Robinson
4 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: 19-Month Delay in Seeking Treatment, Coupled with Inadequate Medical Evidence Supports Board’s Denial of Benefits
Substantial evidence supported a decision by New York’s Workers’ Compensation Board that denied benefits to a claims examiner who contended she suffered a shoulder injury in a work-related fall at her office where she waited 19 months before...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
CA10 Corrects Massive BIA Failure: Villegas-Castro v. Garland
Villegas-Castro v. Garland "We conclude that the Board erred in three ways. First, the Board erred in overturning the grant of asylum. The Board decided that Mr. Villegas-Castro had not filed a new application. But if he hadn’t filed a new...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
CA9 on Credibility: Kumar v. Garland
Kumar v. Garland "Under the REAL ID Act, Immigration Judges (“IJs”) must base credibility determinations on “the totality of the circumstances, and all relevant factors.” 8 U.S.C. 1158(b)(1)(B)(iii). However, even after...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
CA1 on Credibility: Lopez Troche v. Garland
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...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Unpub. (2-1) CA5 Credibility Remand: Mpesse v. Garland
Mpesse v. Garland "In light of the fact that the critical role in deciding credibility is for the IJ, and because both the BIA and this court have found that the IJ erred in some of the evidence he relied on to find that the petitioner was not...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
CA9 Pushes Back Against SCOTUS: Alcaraz-Enriquez II
Alcaraz-Enriquez II, Sept. 16, 2021 "Petitioner Cesar Alcaraz-Enriquez (“Alcaraz”), a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals (“BIA”), which denied his applications...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
CA9, En Banc, on Credibility: Alam v. Garland
Alam v. Garland "We voted to rehear this case en banc to reconsider our “single factor rule,” which we have applied in considering petitions for review from decisions by the Board of Immigration Appeals (“BIA”). The single...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
CA10 Unpub. on DRC, Credibility: Umba v. Garland
Umba v. Garland "When a statute mandates that a lower tribunal consider the “totality of the circumstances” in making a credibility determination, we require that it do just that. And if it fails in this endeavor, we cannot uphold its...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
CA2 on Credibility: Singh v. Garland - REVISED
Singh v. Garland "Amardeep Singh, a native and citizen of India seeking relief from political persecution in his home country, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the decision of...
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