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Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Groups File Amicus Briefs at CA5 in Negusie
Duke Law, Aug. 12, 2021 "Duke Law School’s Immigrant Rights Clinic filed amicus curiae briefs before the Fifth Circuit Court of Appeals last week on behalf of a group of international refugee law scholars and the American Immigration Lawyers...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
A.G. Garland Refers Matter of Negusie (Persecutor Bar) to Himself
Matter of Negusie, 28 I&N Dec. 399 (A.G. 2021) - "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in...
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 4 years ago
Immigration Law
Inside News
Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018) "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
BIA on Duress - Matter of Negusie, 27 I&N Dec. 347 (BIA 2018)
Matter of Negusie, 27 I&N Dec. 347 (BIA 2018) (1) An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature...
Larson's Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim
An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather...
Calif. WCAB Noteworthy Panel Decisions Reporter
over 10 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Stipulated Agreements – When Can You Back Out?
Lexis.com subscribers can link to the cases, statutes, and rules cited below . Buyer’s remorse. It is not unusual for a party to agree to the terms of a settlement and then wake up the next morning with that horrible feeling in the pit of their...
Calif. WCAB Noteworthy Panel Decisions Reporter
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Rescission of Compromise and Release Not Duly Executed
Noteworthy panel decision illustrates the Board's powers to set aside a settlement both before and after the settlement becomes final An Appeals Board panel has rescinded a WCJ’s 8/8/2013 Order Approving Compromise and Release purporting...
Calif. WCAB Noteworthy Panel Decisions Reporter
over 10 years ago
Workers' Compensation
Workers' Compensation Law Blog
California: Stipulated Agreements – When Can You Back Out?
Lexis.com subscribers can link to the cases, statutes, and rules cited below . Buyer’s remorse. It is not unusual for a party to agree to the terms of a settlement and then wake up the next morning with that horrible feeling in the pit of their...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
BIA Amicus Brief Invitation: Duress Exception to Persecutor Bar (Due Sept. 7, 2016)
BIA, Aug. 8, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ISSUES PRESENTED: 1) Whether an involuntariness or duress exception exists to limit the...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
BIA (unpub.) on Duress, Particularly Serious Crime
Jon Bauer writes: "I'm pleased to attach this decision recently issued by the Board of Immigration Appeals in a case handled by the Asylum and Human Rights Clinic at the University of Connecticut School of Law. Our client is a longtime U.S. permanent...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA2 Commands BIA to Issue Precedential Decision on Material Support Bar, Duress Exception: Ay v. Holder
"We find no error in the agency’s factual conclusion that Ay provided material support to a terrorist organization. We remand, however, to permit the BIA to address in a precedential decision whether the Immigration and Nationality Act (the...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
CA9 on Material Support Bar: Annachamy v. Holder
"Satheeskumar Annachamy petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him asylum and withholding of removal because he provided material support to a terrorist organization, in violation of 8 U.S.C. § 1182...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
BIA: No Implied Duress Exemption to Material Support Bar - Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)
Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016) - The “material support bar” in section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), does not include an implied exception for an...
Jennifer Hillman
over 13 years ago
Estate and Elder Law
Estate and Elder Law Blog
A GUIDING HAND: Assisting An Ailing Testator With Signing Their Will
The heirs of Melvin Simon, the billionaire shopping mall magnate, are embroiled in a bitter estate struggle contesting a will signed by Mr. Simon seven months before his death. Simon's eldest daughter claims there was undue influence because Simon's...
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