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Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
BIA Badly Bungles Frentescu Stress Test: Dor v. Garland
Dor v. Garland "Petitioner, Jonalson Dor ("Dor"), seeks judicial review of a Board of Immigration Appeals ("BIA") decision affirming an immigration judge's ("IJ") decision to deny Dor's applications for relief...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Birhanu Remanded to BIA (mental health)
Birhanu v. Garland "Our ruling in this case, in which Judge Bacharach concurred and dissented, [990 F.3d 1242, 2021 U.S. App. LEXIS 6770 Birhanu v. Wilkinson] has been vacated by the Supreme Court [2022 U.S. LEXIS 3172 Birhanu v. Garland] and the...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
BIA on Final Judgment, Particularly Serious Crime: Matter of D-L-S-
Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022) - "This case was last before us on October 28, 2016, when we dismissed the respondent’s appeal from the Immigration Judge’s decision denying his application for withholding of removal under...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
CA9 on Particularly Serious Crime: Mendoza-Garcia v. Garland
Mendoza-Garcia v. Garland "The BIA reviews de novo the IJ’s determination of “questions of law, discretion, and judgment,” 8 C.F.R. § 1003.1(d)(3)(ii), including whether an alien’s prior offense is a “particularly...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)(Garland Overrules G-G-S-)
Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022) (1) Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014) , is overruled. (2) Immigration adjudicators may consider a respondent’s mental health in determining whether an individual, “having...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
EOIR Posts Underlying B-Z-R- Order
Panel decision in Matter of B-Z-R-, Dec. 3, 2020 [Now on referral to the A.G. ]
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Garland Refers G-G-S- Issue to Himself: Matter of B-Z-R-
28 I&N Dec. 424 (A.G. 2021) "BEFORE THE ATTORNEY GENERAL 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...
Daniel M. Kowalski
over 1 year 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
over 1 year ago
Immigration Law
Inside News
CA1 Puts a Dent in Matter of Y-L-: DeCarvalho v. Garland
DeCarvalho v. Garland "The Board of Immigration Appeals (BIA) held that Janito DeCarvalho's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32A(a), constitutes a "particularly...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA8 Rejects Matter of G-G-S-: Shazi v. Wilkinson
Shazi v. Wilkinson "The BIA adopted its categorical ban on mental health evidence in Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014). ... [W]e join the Ninth Circuit and find the BIA’s conclusion “to be unreasonable.” .....
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA3 Remand on 'Particularly Serious Crime,' CAT: Luziga v. Atty. Gen.
Luziga v. Atty. Gen. "An Immigration Judge (IJ) decided, and the Board of Immigration Appeals (BIA) agreed, that Petitioner Ayub Luziga is ineligible for withholding of removal under the Immigration and Nationality Act (INA) and the Convention...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA3 (En Banc) on 'Particularly Serious Crime' - Bastardo-Vale v. A.G.
Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA9 Vacates Matter of Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014) - Gomez-Sanchez v. Sessions
Gomez-Sanchez v. Sessions - "Guillermo Gomez-Sanchez, a native and citizen of Mexico, petitions for review of the published decision by the Board of Immigration Appeals (“BIA” or “the Board”) affirming the Immigration Judge’s...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA9 on 'Particularly Serious Crime' - Blandino-Medina v. Holder
"We affirm the BIA’s decision concerning withholding of removal pursuant to the CAT, but vacate its decision holding that Blandino’s conviction under [Cal. Penal Code] Section 288(a) is a particularly serious crime per se , and remand...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
CA1 on 'Particularly Serious Crime' - Velerio-Ramirez v. Lynch
Velerio-Ramirez v. Lynch, Dec. 11, 2015 - "Inconsistent characterization of the governing law by the immigration authorities and insufficient analysis by the Board of Immigration Appeals ("BIA") lead us, in an abundance of caution, to remand...
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