LexisNexis® Legal Newsroom
Daniel M. Kowalski
NY Gov. Cuomo Signs Executive Order Prohibiting State Agencies from Inquiring About Immigration Status

Gov. Cuomo, Sept. 15, 2017 - "Governor Andrew M. Cuomo today issued Executive Order 170 that prohibits state agencies and officers from inquiring about or disclosing an individual's immigration status unless required by law or necessary to determine...

Daniel M. Kowalski
CA4 on Persecution, MS-13, El Salvador: Zavaleta Policiano v. Sessions

Zavaleta Policiano v. Sessions - "[T]he IJ and BIA failed to appreciate, or even address, critical evidence in the record. ... we conclude that the BIA erred by affirming the IJ’s clearly erroneous finding. Zavaleta Policiano was not required...

Daniel M. Kowalski
BIA on Material Misrepresentations: Matter of D-R-, 27 I&N Dec. 105 (BIA 2017)

Matter of D-R-, 27 I&N Dec. 105 (BIA 2017) (1) A misrepresentation is material under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when it tends to shut off a line of inquiry that is relevant...

Daniel M. Kowalski
Expert Margaret Stock: Pentagon Incompetence Ignites MAVNI 'Dumpster Fire'

Alex Horton, Washington Post, Sept. 15, 2017 - "U.S. Army recruiters have abruptly canceled enlistment contracts for hundreds of foreign-born military recruits since last week, upending their lives and potentially exposing many to deportation, according...

Thomas A. Robinson
United States: Workers’ Compensation Disability Findings Not Binding in Social Security Disability Claim

Observing that it is well settled law that an administrative law judge (ALJ) hearing a Social Security claim for Disability Insurance Benefits (DIB) need not give controlling weight to a treating physician's opinions concerning a claimant's “disability”...

Thomas A. Robinson
United States: Discharged Employee Fails to Show Employer Was Aware of His Intent to File Claim

Construing Pennsylvania law, a federal district court held that plaintiff, a former employee, had not established a prima facie case of retaliatory discharge when it was undisputed that he had sustained a work-related injury, but where he had given no...