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USCIS
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
USCIS on Asylee and Refugee Adjustment 1-Year Physical Presence Requirement
USCIS, Feb. 2, 2023 "... To promote consistency in the processing of asylee and refugee adjustment of status applications and reduce barriers that might impede refugees from timely filing for adjustment of status, USCIS is updating policy guidance...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
USCIS Message: Updates to Processing of Form I-730, Refugee/Asylee Relative Petition
E-Mail to Stakeholders: "Dear Stakeholder, To enhance customer service and bolster program integrity, U.S. Citizenship and Immigration Services (USCIS) is improving the way it processes Form I-730< http://www.uscis.gov/i-730 >, Refugee/Asylee...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
Asylee Adjustment APA Collateral Estoppel Victory in California: Islam v. DHS
Anna Benvenue writes: "I just won summary judgment on a case in the Northern District of California in which my client's asylee adjustment application was denied by USCIS based on a finding that he was barred for terrorist inadmissibility. This...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
CA6 on Future Fear, Internal Relocation: Lin v. Garland
Lin v. Garland "The question before us is whether the BIA’s determinations are supported by substantial evidence. As will be explained below, the BIA’s rationale does not allow us to make that determination. So we grant Lin’s...
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
CA9 on Asylum, Nexus, Evidence, Motions to Reopen: Reyes-Corado v. Garland
Reyes-Corado v. Garland "Francisco Reyes-Corado (“Reyes-Corado”), a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying ReyesCorado’s motion to reopen...
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
CA9 Panel Stays Judge Tigar's Block of Biden Asylum Ban
East Bay Sanctuary Covenant v. Biden "Before: W. FLETCHER, PAEZ, and VANDYKE, Circuit Judges. Order by Judges W. FLETCHER and PAEZ; Dissent by Judge VANDYKE. The motion to stay the district court’s July 25, 2023, order and judgment (Docket...
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
USCIS Affirmative Asylum Processing Manual
The Louise Trauma Center obtained the USCIS Affirmative Asylum Processing Manual (AAPM) via a FOIA request. The 253-page PDF can be viewed and downloaded here .
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
Expert Guidance from the First Circuit
Hon. Jeffrey S. Chase, July 28, 2023 "For Immigration Judges, country experts serve as the lens through which a confusing jumble of evidence becomes a clearer picture. No judge can be an expert on all countries; it is therefore by way of the country...
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
Judge Vacates Biden Asylum Rule: "[T]he Rule is contrary to law."
East Bay Sanctuary Covenant v. Biden ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
Cornell Asylum Clinic Wins 3 BIA Remands
Prof. Steve Yale-Loehr reports: "Thanks to the excellent work of our law students, our Cornell asylum clinic received three BIA remands this spring. A short summary of each case follows. ... If anyone wants redacted copies of our briefs, have them...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Unpub. CA1 Victory: G.P. v. Garland
G.P. v. Garland "Petitioner G.P. seeks review of the Board of Immigration Appeals' ("BIA") decision affirming the denial of his application for protection under the Convention Against Torture ("CAT"). We first address our...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Unpub. CA5 Victory: Naah v. Garland
Naah v. Garland (unpub.) "Mercy Naah, a native of Cameroon, was charged as removable from the United States. She applied for asylum, withholding of removal, and protection under the Convention Against Torture. Naah demonstrated that she is unable...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Nexus, Religious Persecution: Chicas-Machado v. Garland
Chicas-Machado v. Garland "In sum, the BIA erred in finding that Chicas-Machado was not a refugee under the INA due to a lack of nexus to a protected ground, religion. Chicas-Machado demonstrated past persecution on account of religion, and is...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on PSG, Political Opinion and CAT: Santos Garcia v. Garland
Santos Garcia v. Garland "Petitioner Christian Alberto Santos Garcia, a native and citizen of El Salvador, has twice travelled unlawfully into the United States — first in 2012, and again in 2016. In both instances, Garcia fled threats to...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Multiple Failures Trigger Remand to BIA: Chen v. Garland
Chen v. Garland "Petitioner Zuowei Chen is a native of China admitted to the United States on a student visa in 2009. Chen now seeks review of a Board of Immigration Appeals order denying his applications for asylum, withholding of removal, and...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Internal Relocation: Ullah v. Garland
Ullah v. Garland "The United States’ war in Afghanistan required regional allies willing to aid the effort. One such ally was Shaker Ullah, a Pakistani businessman who sold supplies to coalition forces. This invoked the wrath of the Pakistani...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA4 on Nexus: Marvin A.G. v. Garland
Marvin A.G. v. Garland "Upon our review, we conclude that the Board abused its discretion by applying an incorrect legal standard in its nexus analysis for the petitioner’s asylum and withholding of removal claims. We also hold with regard...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Round Table Files Amicus Brief in East Bay Sanctuary v. Biden
Filed June 7, 2023
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
OPLA Asylum Training Materials
David L. Cleveland, May 16, 2023 - "The Office of Principal Legal Advisor, [OPLA], a component of ICE, released a 321-page document:“Asylum and Protection Law,” [September 9, 2021], in response to a FOIA lawsuit by the Louise Trauma Center. This...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA1 on Changed Country Conditions (Guatemala) - Mendez Esteban v. Garland
Mendez Esteban v. Garland "[T]he 2017 report and the testimony from Mendez do not -- together or independently -- establish that changes in Guatemala have fundamentally altered the specific conditions that gave rise to Mendez's substantiated...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Asylum Final Rule: Advance Copy
This document is scheduled to be published in the Federal Register on 05/16/2023 "ACTION: Final rule; request for comments on expanded applicability in maritime context. SUMMARY: The Department of Homeland Security (“DHS”) and the Department...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA6 on PSG: Turcios-Flores v. Garland (2-1)
Turcios-Flores v. Garland "Under the correct analysis, the record here compels a conclusion that Honduran rural landownership in this case is a common fundamental characteristic because Turcios-Flores should not be required to change this aspect...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
USCIS Providing Documents After Notice of Immigration Judge and BIA Decisions About Immigration Status
USCIS, May 4, 2023 "We now are affirmatively creating and providing documented evidence of their status to certain new asylees and lawful permanent residents upon our receiving notification that an immigration judge or the Board of Immigration...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Asylum Victory in Colorado! (Indigenous Guatemalan)
Christina Brown writes: "I wanted to share the attached decision in case it is helpful to others. IJ Burgie granted the asylum claim of an indigenous Guatemalan applicant finding past persecution based on severe economic deprivation (DHS failed to...
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