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Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
NYLAG Unpub. BIA FOIA Update
NYLAG, Jan. 30, 2023 "... Under the settlement approved in February 2022, the Board is required to place nearly all its opinions into an online reading room, accessible to all in perpetuity, ensuring that immigration advocates will have access...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Remember the NYLAG Settlement? (BIA Unpubs.)
In case you had forgotten... "... In February 2022, the United States District Court for the Southern District of New York ordered the Board to establish an online library of its unpublished opinions – the result of a settlement between the NYLAG...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Unpub. BIA Victory: Mexico, WH/CAT, Imputed Nationality
Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Unpub. BIA Pardon Victory in Alabama, Louisiana
Hats off to my associate, Samantha Hechtman , who writes: "Respondent is a native and citizen of Antigua Barbuda. He entered the United States as a lawful permanent resident on January 30, 1988. Respondent was detained by ICE on November 14, 2016...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal
Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva
Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made...
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
over 6 years ago
Immigration Law
Inside News
Unpub. BIA MTR Victory Based on Carachuri-Rosendo
Prof. Geoffrey A. Hoffman writes: "This case [ Matter of X-, June 12, 2017, unpub .] is significant because the respondent had been deported about 9 years ago unfairly as an alleged aggravated felon due to minor controlled substance convictions....
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Unpub. BIA Material Support Remand Victory (May 18, 2017)
The BIA remanded to the IJ for fact-finding regarding whether respondent's one-time payment of $50 to Al-Shabaab to secure his release from kidnapping constituted "material" support. Hats off to Prof. R. Linus Chan of the Univ. of MN...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Unpub. BIA Waiver Victory: Matter of M-S- (Feb. 9, 2017)
Matthew L. Hoppock writes: "This is a case where our client had an old conviction that was an Aggravated Felony and a crime involving moral turpitude, but was waivable under INA 212(c). He also a conviction that was too recent to be waived under...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory, 1-Year Filing Deadline
Matter of X-, June 14, 2016 - "[W]e conclude that the respondent filed her asylum application within a reasonable period of her seeking and receiving mental health services that treated her PTSD symptoms, specifically the avoidance that affected...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Remand; El Salvador; Domestic Violence; One-Year Bar
Prof. Lindsay M. Harris writes : "I write to share a positive decision from the BIA for a mother from El Salvador fleeing domestic violence. It may be helpful on the one-year filing deadline and immigration court backlogs, particular social group...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpub. BIA 212(c) Remand (Date of Conviction)
Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpublished BIA Victory in Religious Persecution Case - Benin
Cornell Law Prof. Steve Yale-Loehr writes: "Krsna Avila and Yanet Cordero, two of our students in the Cornell asylum appeals clinic, just won a remand from the BIA in a case involving religious persecution in Benin. The case involved a man who converted...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
IRAC Releases June 2016 Update to Index of Unpublished BIA Decisions
IRAC, June 22, 2016 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2016 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through June 9, 2016. Among...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico
Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory: Honduras, Domestic Violence, Social Group
Christina Brown writes, "[Here is an] unpublished BIA decision granting asylum on an A-R-C-G- claim for an unmarried woman in a short term relationship. If you need any additional information, including facts about the case, please do not hesitate...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad
IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Geoffrey Hoffman on Unpub. BIA Victory for Cornell Law Students
Geoffrey Hoffman, Feb. 2, 2016 - "The three interlocutory appeals of denials of law student appearances filed on behalf of Cornell Law School ’s clinical programs were successfully granted by the Board of Immigration Appeals (BIA). I would like...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
IRAC Releases 2016 Edition of Index of Unpublished BIA Decisions
IRAC, Jan. 13, 2016 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2016 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index contains links to more than 1,000 unpublished...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory Extends Matter of A-R-C-G-
Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "[ Linked here ] is a redacted version of a recent [18 Dec 2015] BIA asylum victory that my colleague Sital Kalantry and two Cornell law students litigated...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpub. BIA Cancellation Remand - Detroit
Russell Abrutyn writes: "The BIA granted a second motion to reopen and remanded for further consideration of the respondent's eligibility for cancellation of removal as a permanent resident. In reopening, the BIA noted the ineffective assistance...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
IRAC Releases October 2015 Update to Index of Unpublished BIA Decisions
IRAC, Oct. 22, 2015 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through October 14, 2015....
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan
Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
Unpub. BIA Exceptional Circumstances Sua Sponte Reopening Victory
Raed Gonzalez writes: "This client was ordered removed in absentia in 2001. In 2014, a lawyer filed a motion to reopen asserting lack of notice. The lawyer filed a patently deficient one-paragraph motion to reopen. When this motion was denied...
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