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Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
CA9 on CAT: Velasquez-Samayoa v. Garland
Velasquez-Samayoa v. Garland "Miguel Angel Velasquez-Samayoa seeks protection under the Convention Against Torture (“CAT”). Velasquez-Samayoa asserts that, if he were removed to his native country of El Salvador, he would be identified...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Unpub. CA5 on Honduras, CAT, State Involvement: Guity Casildo v. Garland
Guity Casildo v. Garland (unpub.) "[T]he BIA has not addressed the question of the applicability of the color-of-law rule regarding state involvement in torture. ... The parties agree that a remand is the best alternative where the BIA has made...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Barr on Torture: Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)
Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020) (1) Under Department of Justice regulations implementing the Convention Against Torture, an act constitutes “torture” only if it is inflicted or approved by a public official or other person...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA9 on CAT, Mexico, Zetas, LGBTQ: Xochihua-Jaimes v. Barr
Xochihua-Jaimes v. Barr "Substantial evidence does not support the BIA’s determination that Petitioner failed to meet her burden of proof under CAT that she would more likely than not be tortured, with the consent or acquiescence of a public...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Outside News
Jeffrey S. Chase: The Real Message of Matter of R-A-F-
Jeffrey S. Chase, Mar. 1, 2020 "On February 26, the Attorney General (or more likely, someone authorized to speak on his behalf) issued a precedent decision in Matter of R-A-F - . My take on the import of this decision seems to be different than...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
The Case Behind the Case: Matter of R-A-F-
Here is a link to the unpublished BIA decision in Matter of R-A-F- dated Sept. 11, 2019.
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
A.G. on Torture: Matter of R-A-F-, 27 I&N Dec. 778
Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) (1) The Board of Immigration Appeals should consider de novo the application of law to the facts of this case, including whether the deprivations that the respondent would be likely to encounter upon...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA9 on Asylum, Withholding, CAT, El Salvador, FMLN, Mara Salvatrucha: Quiroz Parada v. Sessions
Quiroz Parada v. Sessions - "Moris Alfredo Quiroz Parada fled his native El Salvador in 1991 at the age of seventeen after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA7 on CAT, Mexico, Fear of Torture by Zetas: Rivas-Peña v. Sessions
Rivas-Peña v. Sessions - "Pedro Rivas-Pena has been a lawful permanent resident of the United States and is a citizen of Mexico. He faces removal to Mexico because of a state drug trafficking conviction. He has applied for deferral of removal...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
Unpub. BIA CAT Victory (Mexico; June 25, 2018)
Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA7 on Honduras, CAT - Perez v. Sessions (May 2, 2018)
Perez v. Sessions (May 2, 2018) - "Perez argues that the immigration service erred by failing to make factual findings about whether he would have been tortured had he not narrowly escaped the gang’s violent recruitment efforts years earlier...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
Unpub. BIA Nicaraguan CAT Victory (Dec. 1, 2017)
"The applicant, a native and citizen of Nicaragua, appeals from an Immigration Judge's decision, dated June 8, 2017, denying his application for deferral of removal under the Convention Against Torture (Convention), 8 C.F.R. § 1208.17. The...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA2 on Categorical Approach, CAT - Doe v. Sessions
Doe v. Sessions, Mar. 29, 2018 - "Petitioner John Doe seeks review of an April 13, 2016 judgment of the Bureau of Immigration Appeals dismissing his appeal from an October 22, 2015 decision of an Immigration Judge ordering Doe’s removal and...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA6 on Jordan, CAT, Honor Killing: Kamar v. Sessions
Kamar v. Sessions, Nov. 17, 2017 - "The issue is whether a woman who will either be subject to an “honor killing,” or alternatively, “protective custody” in Jordan is entitled to relief. For the reasons set forth below, we...
Daniel M. Kowalski
over 7 years ago
Immigration Law
News Headlines
ICE Removes (Deports) Vides Casanova, Former Salvadoran Defense Minister
"A former minister of defense of El Salvador was removed from the United States by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Wednesday, after the Board of Immigration Appeals (BIA...
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