Immigration Law

Recent Posts

Sealed, Unpublished CA10 Asylum Victory - "A.B." v. Sessions (Bangladesh, Religious Minorities)
Posted on 10 Jul 2018 by Daniel M. Kowalski

"A.B." v. Sessions - "In light of Petitioner’s recent deportation to Bangladesh and concerns about his safety there, we use fictitious initials to protect his identity. ... The BIA did not cite, and we have not found, any evidence... Read More

Amicus Brief Filed in 10th Cir. Petition for Remotely-Detained Asylum Seeker
Posted on 23 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 22, 2018 - "An amicus brief was filed yesterday by attorneys at the law firm of Sidley Austin on behalf of an asylum seeker from the Democratic Republic of Congo in the case of Matumona v. Sessions . Fleeing for his life and... Read More

CA10 on Jurisdiction, REAL ID, Habeas, Suspension Clause, Citizenship, Exhaustion: Gonzalez-Alarcon v. Macias
Posted on 19 Mar 2018 by Daniel M. Kowalski

Gonzalez-Alarcon v. Macias - "Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241 alleging specific facts which, if proven, would demonstrate that he is a United States citizen. He seeks release from custody from Immigration... Read More

CA10 on CIMT, Burden of Proof: Lucio-Rayos v. Sessions
Posted on 15 Nov 2017 by Daniel M. Kowalski

Lucio-Rayos v. Sessions, Nov. 14, 2017 - "The question presented in this petition for review is whether Petitioner Juan Alberto Lucio-Rayos’s municipal theft conviction qualifies as a crime involving moral turpitude (“CIMT”), which... Read More

CA10 on CIMT: Mungia-Baeza v. Sessions
Posted on 16 Mar 2018 by Daniel M. Kowalski

Mungia-Baeza v. Sessions - "Mr. Munguia-Baeza was not convicted under the theft statute. Instead, he was convicted of first-degree aggravated motor vehicle theft under Colo. Rev. Stat. § 18-4-409. Unlike the theft statute, Mr. Munguia-Baeza’s... Read More

Will H-2B Circuit Split End Up at Supreme Court?
Posted on 9 Nov 2015 by Daniel M. Kowalski

The U.S. Courts of Appeal for the Tenth and Eleventh Circuits see the H-2B program very differently. Compare G.H. Daniels v. Perez (CA10) with Bayou Lawn v. DOL (CA11). Read More

Tags: daniels , ca11 , bayou , ca10 , H-2B

CA10 on CIMT: Flores-Molina v. Sessions
Posted on 7 Mar 2017 by Daniel M. Kowalski

Flores-Molina v. Sessions, Mar. 7, 2017 - "Francisco Flores-Molina is an undocumented alien subject to removal from the United States. An immigration judge determined he is ineligible for cancellation of removal because he has been convicted of a... Read More

CA10 on Chevron, Aggravated Felony: Rangel-Perez v. Lynch
Posted on 2 Mar 2016 by Daniel M. Kowalski

Rangel-Perez v. Lynch, Mar. 1, 2016 - "Petitioner Fabian Rangel-Perez challenges the Board of Immigration Appeals’ (“BIA”) characterization of his Utah misdemeanor conviction as an “aggravated felony” under the Immigration... Read More

CA10 on FLSA, H-2A, Quantum Meruit - Saenz Mencia v. Allred
Posted on 14 Dec 2015 by Daniel M. Kowalski

Saenz Mencia v. Allred, Dec. 14, 2015 - "Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds’ sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per... Read More

CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]
Posted on 9 Jan 2013 by Daniel M. Kowalski

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it... Read More

CA10 on Motion to Reopen, Evidence, China, Persecution: Qiu v. Sessions
Posted on 11 Sep 2017 by Daniel M. Kowalski

Qiu v. Sessions, Sept. 11, 2017 - "Petitioner Liying Qiu, a native and citizen of the People’s Republic of China, sought asylum and withholding of removal based on her status as a Christian who does not agree with China’s state-sanctioned... Read More

CA10 on 16(b) Crime of Violence: Golicov v. Lynch (DOJ's position 'baffling')
Posted on 19 Sep 2016 by Daniel M. Kowalski

Golicov v. Lynch, Sept. 19, 2016 - "Petitioner Constantine Fedor Golicov, a lawful permanent resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) concluding that his Utah state conviction for failing to... Read More

CA10 on CIMT, Obstruction of Justice: Vaquero-Cordero v. Holder (unpub.)
Posted on 1 Oct 2012 by Daniel M. Kowalski

"Because the BIA’s decision does not demonstrate thorough consideration of petitioner’s case, offer sufficient support for its reasoning, and is inconsistent with its earlier pronouncements on crimes involving moral turpitude, the BIA’s... Read More

Unpub. CA10 Habeas / Jurisdiction Victory: Musau v. Carlson
Posted on 18 Oct 2012 by Daniel M. Kowalski

"On appeal, Mr. Musau reiterates that he has no means, other than his petition for a writ of habeas corpus, by which to enforce his rights under the CATOC. He appears to be correct, at least at present, insofar as immigration tribunals are concerned... Read More

Unpub. CA10 Credibility Remand: Zheng v. Holder
Posted on 10 Jan 2013 by Daniel M. Kowalski

"Na Zheng and Jin De Pan petition for review of a final removal order from the Board of Immigration Appeals (BIA). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition because the BIA’s credibility determination was... Read More