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Daniel M. Kowalski
over 4 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 11 years ago
Immigration Law
Inside News
Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization
Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: " Attached is a holiday surprise from the BIA that might be of interest to others. - Reversing IJ on the one yr. asylum bar finding extraordinary circumstances...
Daniel M. Kowalski
over 12 years ago
Immigration Law
Inside News
Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group
"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
Unpub. (Pro Se) BIA CAT Victory: Gay Men Subject to Torture in Jamaica; Bromfield Cited
Matter of X-, June 7, 2012, unpub . - "As urged by the applicant on appeal, the evidence in the record indicates that the situation in Jamaica involves more than isolated instances of discrimination or harassment based on homophobic societal attitudes...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
Unpub. BIA CAT Remand: Mexico; Zetas; Whistleblower
"[T]he applicant also testified that he was beaten by police officers because his friend's mother reported the incident with the Zeta Cartel to the police (11. at 4' Tr. at 63-65). The Immigration Judge did not assess whether the applicant's...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Unpub. BIA CAT / Mental Competency Remand (Ethiopia/Eritrea)
Stephen Yale-Loehr writes: "Our Cornell immigration appeals clinic just won an unpublished remand from the BIA in an interesting Ethiopian/Eritrean CAT case. The case largely concerned Matter of M-A-M- mental competency issues. The BIA also ordered...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
BIA on Termination of CAT Deferral: Matter of C-C-I-
(1) Reopening of removal proceedings for a de novo hearing to consider termination of an alien’s deferral of removal pursuant to 8 C.F.R. § 1208.17(d)(1) (2014), is warranted where the Government presents evidence that was not considered at...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership
"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
Unpub. BIA CAT Victory: Mexico; Imputed Gang Affiliation
"[T]he respondent has presented evidence, undisputed by the DHS, that the Federal Government and at least one local government in the United States have identified him as a member of the Norteño gang and have done so in the presence of rival...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Unpub. BIA CAT/Withholding Remand Victory; Mexico, Transgender (July 6, 2017)
Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "Our Cornell asylum/ CAT appeals clinic just won a BIA remand in a case involving a transgender person from Mexico. A summary of the case and a redacted version...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
BIA on CAT: Matter of J-G-R-
Matter of J-G-R- (1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA1 on Credibility: Lopez Troche v. Garland
Lopez Troche v. Garland "Mario Rene Lopez Troche ("Lopez Troche"), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals ("BIA") that affirms the denial of his application for...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA8 on CAT, Somalia, Standard of Review: Kassim v. Barr
Kassim v. Barr "The overarching question in this case is whether the Board of Immigration Appeals applied its own standard of review correctly. After an immigration judge granted a waiver of inadmissibility and deferral of removal to Ahmed Shariif...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
BIA on CAT, Torture: Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018)
Matter of J-R-G-P-, 27 I&N Dec. 482 (BIA 2018) - Where the evidence regarding an application for protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10...
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