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Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
CA9 on Reopening, Religious Persecution, Indonesia: Nababan v. Garland
Nababan v. Garland "[W]e hold that the BIA committed legal error because it did not assess the individualized risk of persecution that Petitioners face due to their identity as evangelical Christians. Accordingly, we grant the petition for review...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
CA11 on Future Persecution, CAT: Jathursan v. Atty. Gen.
Jathursan v. Atty. Gen. "Pathmanathan Jathursan, a native and citizen of Sri Lanka, seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
CA3 on Persecution, China: Liang v. Atty. Gen.
Liang v. Atty. Gen. "Divide and conquer is a good military strategy but a bad judicial one. Judges must consider how related facts weave together into a narrative. Chinese officials caught Cha Liang practicing his faith, so they beat, jailed, and...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
Rare BIA Victory for Gay Jamaican Man: UPDATE (Nov. 10, 2021)
Spring, Texas attorney Veronica Semino scored this unpublished BIA remand for her client, who was detained in Oakdale. UPDATE: On Nov. 10th, the IJ granted AOS and the client was released from ICE detention! In the single-member decision dated Aug...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
CA3: BIA Ignored "Overwhelming Evidence" of Persecution: Ghanem v. Atty. Gen.
Ghanem v. Atty. Gen. "Adel Ghanem, a former lawful permanent resident of the United States, seeks to avoid removal to Yemen, from which he fled to avoid persecution on account of political opinion. He pursues three forms of relief that were denied...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA9 on Mexico, Domestic Violence: Rodriguez Tornes v. Garland
Rodriguez Tornes v. Garland "Petitioner Maria Luisa Rodriguez Tornes, a native and citizen of Mexico, testified to a lifetime of severe abuse from her mother, her estranged husband, and her partner for, in their eyes, being insufficiently subservient...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA5 on Honduras, Gangs, Persecution: Morales Lopez v. Garland
orales Lopez v. Garland (unpub.) "[W]e agree with her overarching point: the IJ and the BIA improperly determined that Morales Lopez did not make a sufficient showing of past persecution and a well-founded fear of future persecution. ... Morales...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA9 on Somalia, Persecution, Firm Resettlement: Aden v. Wilkinson
Aden v. Wilkinson "Abdi Ali Asis Aden petitions for review of the Board of Immigration Appeals’ (the “BIA” or “Board”) dismissal of his appeal of an Immigration Judge’s (“IJ”) denial of his applications...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Guatemala, Nexus: Argueta Diaz de Gomez v. Wilkinson
Argueta Diaz de Gomez v. Wilkinson "Diaz de Gomez claims that she received repeated death threats from a gang in Guatemala after she and her family witnessed a mass killing by gang members and refused to acquiesce to the gang’s extortion...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA9 on Asylum, India, Persecution: Kaur v. Wilkinson
Kaur v. Wilkinson "The BIA erred in imposing evidentiary requirements of ongoing injury or treatment beyond the sexual assault itself in order to show persecution. Kaur’s credible testimony about the attempted gang rape is sufficient to show...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021)
Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021) - Individuals who cooperate with law enforcement may constitute a valid particular social group under the Immigration and Nationality Act if their cooperation is public in nature, particularly where testimony...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Acting A.G. Remands Matter of A-B-
Acting Attorney General, Jan. 14, 2021, Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021) Headnotes: (1) Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), did not alter the existing standard for determining whether a government is “unwilling or...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Colombia, FARC: Rodriguez Bedoya v. Barr
Rodriguez Bedoya v. Barr "Petitioners Edier de Jesus Rodriguez Bedoya and his family — that is, his wife and two children — seek review of a final order of removal entered by the Board of Immigration Appeals (the “BIA”)...
Daniel M. Kowalski
over 1 year 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 1 year ago
Immigration Law
Inside News
CA4 on Evidence, El Salvador, Gang Violence: Alvarado Alvarado v. Barr (unpub.)
Alvarado Alvarado v. Barr (unpub.) "[H]ere, Alvarado’s testimony, like that of the applicant in Ortez-Cruz, did not conclusively establish a change in circumstances. Accordingly, the Government bore the burden to demonstrate that that it...
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