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Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
CA11 on Nexus: Paz-Meza v. Atty. Gen.
Paz-Meza v. Atty. Gen. (unpub.) "Tania Paz-Meza fled Honduras for the United States in 2014 after several close family members were killed and her brother, a police officer in Honduras for several years, was shot. She applied for asylum and withholding...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Nexus: Tomas-Ramos v. Garland
Tomas-Ramos v. Garland "After Adan de Jesus Tomas-Ramos, a citizen and native of Guatemala, reentered the United States illegally in 2018, a removal order previously entered against him was reinstated. But because Tomas-Ramos expressed a fear of...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Outside News
The Proper Test for Nexus ("On Account Of") in Asylum Law: Hon. Jeffrey S. Chase
Hon. Jeffrey S. Chase, Dec, 21, 2021 "On November 4, the Board of Immigration Appeals issued its precedent decision in Matter of M-F-O- .1,2 At first glance, the decision seems to be a correction regarding when the accrual of continuous presence...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
BIA on Nexus, Jurisdiction, Voluntary Departure: Matter of M-F-O-
Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021) - A notice to appear that does not specify the time or place of a respondent’s initial removal hearing does not end the accrual of physical presence for purposes of voluntary departure at the conclusion...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Nexus: Aleman-Medrano v. Garland (Unpub.)
Aleman-Medrano v. Garland "Aleman-Medrano’s central argument on appeal is that the agency [EOIR: the IJ and the BIA] erred at the second step of the analysis, improperly rejecting his claim that he was targeted by gang members “on account...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA4 on Evidence, Social Group, Nexus, Honduras: Arita-Deras v. Wilkinson
Arita-Deras v. Wilkinson "Maria Del Refugio Arita-Deras, a native and citizen of Honduras, petitions for review of a final order of removal entered by the Board of Immigration Appeals (the Board). The Board affirmed an immigration judge’s...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA4 on Guatemala, Nexus: Argueta Diaz de Gomez v. Wilkinson
Argueta Diaz de Gomez v. Wilkinson "Diaz de Gomez claims that she received repeated death threats from a gang in Guatemala after she and her family witnessed a mass killing by gang members and refused to acquiesce to the gang’s extortion...
Eversheds Sutherland LLP
over 2 years ago
Tax Law
News Headlines
Washington ALJ Rules Video Game Developer’s Attendance at Trade Show Created Substantial Nexus
On December 4, 2020, the Washington Department of Revenue Appeals Division determined that an out-of-state company’s participation in an annual three-day trade show in Washington state was sufficient to create substantial nexus with the state and subject...
Eversheds Sutherland LLP
over 2 years ago
Tax Law
News Headlines
Multistate Tax Commission Nexus and Audit Committee Updates – November 2020
On November 16 th and 17 th , 2020, the Multistate Tax Commission’s (“MTC”) Nexus and Audit Committees met to consider several topics. The biggest developments from these meetings are that: (1) the Nexus Committee shared their proposed, revised draft...
Eversheds Sutherland LLP
over 2 years ago
Tax Law
News Headlines
Ownership of Tennessee Mortgages Does Not Create Nexus for Foreign Investment Fund
A recent letter ruling from the Tennessee Department of Revenue concludes that the ownership of mortgages backed by Tennessee property was insufficient to subject a foreign investment fund (“Fund”) to the state’s franchise and excise taxes. Tennessee...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)
Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (1) In conducting its review of an alien’s asylum claim, the Board of Immigration Appeals (“Board”) must examine de novo whether the facts found by the immigration judge satisfy all...
Eversheds Sutherland LLP
over 2 years ago
Tax Law
News Headlines
California Property Tax and LLC Tax Decisions
In this episode we discuss two recent California decisions, including a Court of Appeal decision concerning property tax escape assessments ( Prang v. Los Angeles Cnty. Assessment Appeals Bd. , Case No. B301194 (Cal. Ct. App. Aug. 27, 2020) and an Office...
Eversheds Sutherland LLP
over 2 years ago
Tax Law
News Headlines
Tiny Interest + Big Property = California Nexus: Office of Tax Appeals Determines Minority LLC Interest Creates Taxable Nexus
On July 7, 2020, the California Office of Tax Appeals (OTA) held that a foreign LLC was subject to the state’s $800 LLC tax because it held a 0.7830849% ownership interest in an LLC that owned property in San Diego. In addition to a more traditional nexus...
Eversheds Sutherland LLP
over 3 years ago
Tax Law
News Headlines
Michigan Tax Tribunal to Consider City Income Tax Nexus in light of Wayfair
The Michigan Court of Appeals remanded a case on whether Detroit may impose its income tax on an out of state taxpayer, in light of the US Supreme Court’s Wayfair ruling. The Michigan Court of Appeals previously upheld the Tax Tribunal’s decision that...
Eversheds Sutherland LLP
over 3 years ago
Tax Law
News Headlines
It’s None of Your Business: California Office of Tax Appeals Rejects FTB’s Broad Test for Doing Business
The California Office of Tax Appeals (OTA) reversed the Franchise Tax Board’s (FTB) determination that an out-of-state limited liability company (LLC) had taxable nexus with California solely because it held an ownership interest in an LLC operating in...
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