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Daniel M. Kowalski
7 days ago
Immigration Law
Inside News
CA9 on One Central Reason: Alfaro Manzano v. Garland
Alfaro Manzano v. Garland "Petitioner Gerson Eduardo Alfaro Manzano, a native and citizen of El Salvador, preached to the youth of his hometown to convince them to embrace religion instead of joining gangs. The gangs did not like this. They attacked...
Daniel M. Kowalski
27 days ago
Immigration Law
Inside News
ICE "Securing the Border" Implementation Memo
ICE, June 4, 2024 "Implementation Guidance for Noncitizens Described in Presidential Proclamation of June 3, 2024, Securing the Border, and Interim Final Rule, Securing the Border"
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Proposed Asylum Bar Regs Are At Odds With International Law (And Why That Matters)
Hon. Jeffrey S. Chase, May 16, 2024 "In 2003, the Office of the U.N. High Commissioner for Refugees published Guidelines for applying the bars to asylum known internationally as the “exclusion clauses” (because they exclude an applicant...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Proposed Asylum Rule (Advance Copy)
This document is scheduled to be published in the Federal Register on 05/13/2024 Application of Certain Mandatory Bars in Fear Screenings "DHS proposes to allow asylum officers (“AOs”) to consider the potential applicability of certain...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
CA10 on Asylum, Chevron: Rangel-Fuentes v. Garland
Rangel-Fuentes v. Garland "Cristina Rangel-Fuentes petitions for review of a final order of removal issued by the Board of Immigration Appeals (BIA), arguing that under 8 U.S.C. § 1229b(b)(1)(D), the age of a qualifying child for the purposes...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Challenge to Asylum IFR Fails - Arizona v. Garland
Arizona v. Garland "This is a challenge by 19 states to an administrative action of the Executive Branch establishing a new procedure for adjudicating asylum applications under federal immigration law. The new process – set forth in an Interim...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
CA1 on Mixed Motive: Khalil v. Garland
Khalil v. Garland "We grant the petition for review in part, vacate the decision of the BIA as to Khalil's asylum claim premised on mixed-motive persecution and as to his CAT claim, and remand for further proceedings consistent with this opinion...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
CA9 on Persecution: Singh v. Garland
Singh v. Garland "Singh experienced multiple physical attacks and death threats over an eight-month period, from November of 2014 to June of 2015. No reasonable factfinder would conclude that Singh did not experience serious harm rising to the...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
CA1 on Social Group: Ferreira v. Garland
Ferreira v. Garland "Pamlar Ferreira petitions for review of a decision by the Board of Immigration Appeals ("BIA") upholding the denial of her application for withholding of removal. Ferreira requests that we remand the case so that...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
CA6 on Nexus, Social Group: Vasquez-Rivera v. Garland
Vasquez-Rivera v. Garland "Here, the BIA attributed analysis to the IJ that the IJ never undertook. Finding that none of Vasquez-Rivera’s proposed social groups were cognizable, the IJ concluded that her asylum claims failed. With respect...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
Unpub. CA2 Remand: Berhe v. Garland
Berhe v. Garland "Berhe asserted that the Eritrean military detained and beat him because he complained about conditions during his mandatory military service and because of his perceived anti-government political opinion. The agency’s adverse...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
Unpub. CA2 Remand: Gao v. Garland
Gao v. Garland "The IJ’s conclusion that Gao failed to meet her burden of proof is based on the lack of sufficient corroborating evidence. As mentioned above, where, as here, the petitioner’s testimony is deemed credible, but the IJ...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
Pro Bono CAT Victory: Matter of IES
Stephen Yale-Loehr, Evangeline Charles, Isaac Belenkiy report: "IES is a 41-year-old man from Mexico who first came to the U.S. when he was 18 years old. As a youth, IES joined a gang. He was arrested in 2005 for possessing a small quantity of...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
Unpub. CA9 Asylum Remand (India, Relocation) - Singh v. Garland
Singh v. Garland " “Because of the IJ’s lack of clarity” as to which party was required to show that Singh could or could not safely relocate, we remand Singh’s asylum claim based on his membership in the family of Balkar...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
Major CA1 Victory: Pineda-Maldonado v. Garland
Pineda-Maldonado v. Garland "Ricardo Jose Pineda-Maldonado ("Pineda-Maldonado") is a native and citizen of El Salvador. He petitions for review of the decision by the Board of Immigration Appeals ("BIA") that denied his application...
Daniel M. Kowalski
5 months ago
Immigration Law
Inside News
Unpub. Asylum Remand, Yemen: Al Omaisi v. Garland
Al Omaisi v. Garland "On this record, the BIA’s summary conclusion that Al Omaisi did not present evidence indicating an objectively reasonable fear of future persecution is insufficient for us confidently to conclude that the BIA acted within...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
Big PSG and Nexus Victory at CA1 - Espinoza-Ochoa v. Garland
Espinoza-Ochoa v. Garland "Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that "constitute[d] persecution." But the agency...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
Matter of M-R-M-S- Toolkit
When the BIA issued Matter of M-R-M-S- on Dec. 1, 2023 advocates were troubled. Responding to the challenge, two experts have posted these practice advisories: 1. Victoria Neilson, NIPNLG, Dec. 21, 2023 2. Jeffrey S. Chase, Dec. 24, 2023
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
CA6 on Mixed Motive: Sebastian-Sebastian v. Garland
Sebastian-Sebastian v. Garland "[T]he Board found that Sebastian-Sebastian failed to demonstrate a nexus between her particular social groups and the harm she faced. In its denial of CAT protection, the Board found that Sebastian-Sebastian failed...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
BIA on PSG, Persecution, Nexus: Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)
Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family membership is incidental or subordinate to that other...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Feds Parole Asylum-Seekers To End 'Remain In Mexico' Suit: Law360
Alyssa Aquino, Law360, Oct. 31, 2023 "The Biden administration will provide temporary immigration protections to migrants who challenged a Trump-era policy that forced them to wait in Mexico while their asylum claims were processed in exchange...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
USCIS Affirmative Asylum Procedures Manual
USCIS, Aug. 31, 2023 - Affirmative Asylum Procedures Manual
Daniel M. Kowalski
over 12 years ago
Immigration Law
Inside News
Asylee Eligibility for Resettlement Assistance: A Short Guide
"This guide gives service providers the information needed to address the resettlement needs of asylees. The guide contains crucial and timely information about the benefits and services for which asylees are eligible, including job placement assistance...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Employment Eligibility Requirements for Asylees, Refugees, and other Populations Served by ORR
"The Office of Refugee Resettlement (ORR) funds and administers resettlement programs for refugees, asylees, Cuban and Haitian entrants, foreign victims of severe forms of human trafficking, Lawful Permanent Residents who have held one of those statuses...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
USCIS Policy Alert: Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines
USCIS, Dec. 15, 2020 "U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding adjustment of status interview waiver categories and expanding the interview criteria for asylee and refugee adjustment...
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