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Daniel M. Kowalski
9 months ago
Immigration Law
Outside News
Former IJs and BIA Members Comment on Credible Fear Proposed Rule
Letter from the Round Table of Former Immigration Judges, Oct. 19, 2021 Comments on Proposed Rulemaking: 86 FR 46906 , Procedures for Credible Fear Screening and Consideration of Asylum "Limitation on Immigration Judge Review: We strongly oppose...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Outside News
What Does “Credible Fear” Really Mean?
Elizabeth L. Silver, May 24, 2021 "A FEW MONTHS BEFORE COVID-19 descended, I spent a week in Dilley, Texas, as a volunteer attorney at the South Texas Family Residential Center, which is essentially a holding center, specifically for women and...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA1 on Credibility, Evidence: Cuesta-Rojas v. Garland
Cuesta-Rojas v. Garland "Darwin Aliesky Cuesta Rojas ("Cuesta Rojas"), a native and citizen of Cuba, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for asylum...
Daniel M. Kowalski
over 1 year 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
over 1 year ago
Immigration Law
Inside News
Court Strikes Down USCIS Credible Fear Lesson Plan, Orders New Determinations
Kiakombua v. Wolf "Plaintiffs’ motion for summary judgment will be GRANTED with respect to their first claim for relief, and Defendant’s cross-motion for summary judgment will be DENIED. Furthermore, the Lesson Plan will be VACATED...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Judge to CBP: "Poppycock!"
A.B.-B. v. Morgan - Motion for Preliminary Injunction Granted ; CBP enjoined from conducting credible fear interviews.
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA9 (2-1) on Bond, Credible Fear: Padilla v. ICE
Padilla v. ICE "In this interlocutory appeal, we consider whether the district court abused its discretion in granting a preliminary injunction ordering the United States to provide bond hearings to a class of noncitizens who were detained after...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Outside News
GAO: Feds Must Do Better on Credible Fear
GAO, Feb. 2020 Actions Needed to Strengthen USCIS’s Oversight and Data Quality of Credible and Reasonable Fear Screenings
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CFI Denial Rate Soars
Amanda Holpuch, The Guardian, Nov. 13, 2019 "The vital first step in the asylum-seeking process has nearly been extinguished at the largest immigrant family detention center in the country, according to a lawsuit. Plaintiffs allege that since...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process
American Immigration Council v. U.S. Customs and Border Protection et. al., No. 1:19-cv-02965 (D.D.C filed Oct. 2, 2019) "This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the government’s...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Outside News
Border Patrol Now Doing 'Credible Fear' Screenings
Molly O'Toole, Los Angeles Times, Sept. 19, 2019 "Border Patrol agents are beginning to screen migrant families for “credible fear” instead of highly trained asylum officers who are charged with determining whether applicants qualify...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Lawsuit Challenges New Secret 'Credible Fear' Directives: M.M.V. v. Barr
M.M.V. v. Barr "Plaintiffs challenge the new regulations, directives, guidance and/or procedures concerning the evaluation of “credible fear,”2 and seek declaratory and injunctive relief finding the application of new credible fear...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
A.G. Barr Overrules Matter of X-K-, Delays Effective Date 90 Days: Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019) (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
New Guidance to IJs and AOs pursuant to Grace v. Whitaker
Karen Musalo , Bank of America Foundation Chair in International Law and Professor & Director, Center for Gender & Refugee Studies at U.C. Hastings College of the Law writes: "Following up on U.S. District Court Judge Emmet Sullivan’s...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
DHS, DOJ Argue Over 'Credible Fear' Asylum Rules
Hamed Aleaziz, Buzzfeed News, Nov. 30, 2018 - "Homeland Security and Justice Department officials are feuding over a controversial plan that would force asylum-seekers at the southwestern border to remain in Mexico until their cases are decided,...
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