Immigration Law

Recent Posts

Supreme Court on Stop-Time Rule: Pereira v. Sessions
Posted on 21 Jun 2018 by Daniel M. Kowalski

Pereira v. Sessions - "If the Government serves a noncitizen with a document that is labeled “notice to appear,” but the document fails to specify either the time or place of the removal proceedings, does it trigger the stop-time rule... Read More

Trump v. Hawaii Q&A with Expert Law Prof. Stephen W. Yale-Loehr
Posted on 27 Jun 2018 by Daniel M. Kowalski

Forbes, June 27, 2018 - "On June 26, 2018, in a 5-4 decision , the U.S. Supreme Court ruled that the Trump administration’s decision to ban the entry of individuals from a group of primarily Muslim countries was constitutional. The court... Read More

Reflections on 5-4 Travel Ban Decision: Prof. Shoba Sivaprasad Wadhia
Posted on 27 Jun 2018 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia - "The human impact of Travel Ban 3.0 cannot be overstated. The ban has been in full effect since December 4, 2017, because of written orders by the Supreme Court. Well before today’s ruling, America has already... Read More

Supreme Court, 5-4, Upholds Travel Ban: Trump v. Hawaii
Posted on 25 Jun 2018 by Daniel M. Kowalski

Trump v. Hawaii - C.J. Roberts: "By its plain language, §1182(f) grants the President broad discretion to suspend the entry of aliens into the United States. The President lawfully exercised that discretion based on his findings—following... Read More

BREAKING: Supreme Court Won't Hear Trump's DACA Challenge Now
Posted on 26 Feb 2018 by Daniel M. Kowalski

Lydia Wheeler and Rafael Bernal, The Hill, Feb. 26, 2018 - "The Supreme Court on Monday refused to hear the Trump administration's challenge to a lower court ruling temporarily blocking it from winding down the Obama-era Deferred Action for Childhood... Read More

Supreme Court Opinion Analysis: Crime-Based Removal Provision is Unconstitutionally Vague - Prof. Kevin Johnson
Posted on 18 Apr 2018 by Daniel M. Kowalski

Prof. Kevin Johnson, Apr. 17, 2018 - "In the last few years, the Supreme Court has decided a steady number of criminal-removal cases. In light of the Trump administration’s emphasis on the removal of “criminal aliens,” we will likely... Read More

Ava Benach on Jennings v. Rodriguez Oral Argument (Law360)
Posted on 10 Oct 2017 by Daniel M. Kowalski

Ava Benach, Oct. 10, 2017 - "Around the turn of the century, Hoang Minh Ly, a refugee and permanent resident of the United States, spent 564 days in detention by U.S. immigration authorities who sought his removal to his native Vietnam. He was released... Read More

Excerpts From the July 15, 2012 Bender's Immigration Bulletin: Arizona v. United States Decision
Posted on 5 Jul 2012 by LexisNexis Immigration Law Community Staff

Arizona v. United States Decision by Supreme Court The U.S. Supreme Court issued its decision in Arizona v. United States (No. 11-182, U.S. Sup. [ enhanced version available to lexis.com subscribers ]). on June 25. The United States had sued to prevent... Read More

Supreme Court Speeds Up Travel Ban Review, Pressure Now on CA4
Posted on 9 Jan 2018 by Daniel M. Kowalski

Lyle Denniston, Jan. 8, 2019 - "Moving with unusual speed, the Supreme Court indicated on Monday that it will take its first look just 11 days from now at the Trump Administration’s new appeal seeking to defend the President’s third immigration... Read More

Supreme Court Vacates Garza v. Hargan
Posted on 4 Jun 2018 by Daniel M. Kowalski

Supreme Court, June 4, 2018 - "The petition for a writ of certiorari is granted. The Court vacates the en banc order [ 874 F. 3d 735, 735–736 (CADC 2017) ] and remands the case to the United States Court of Appeals for the District of Columbia... Read More

Excerpts From the May 15 Bender's Immigration Bulletin: Immigration Activity in the Supreme Court
Posted on 3 May 2012 by LexisNexis Immigration Law Community Staff

Immigration Activity in the Supreme Court On April 25, the U.S. Supreme Court heard oral argument in the case involving Arizona's controversial S.B. 1070. The transcript is available on lexis.com at 2012 U.S. Trans. LEXIS 35. The decision is expected... Read More

Supreme Court to Review INA Sec. 236(c) "When...Released" Case: Nielsen v. Preap
Posted on 19 Mar 2018 by Daniel M. Kowalski

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately. ... Read More

Expert: Texas DACA Challenge Could Trigger Supreme Court Review
Posted on 6 May 2018 by Daniel M. Kowalski

Laurel Brubaker Calkins, Bloomberg, May 2, 2018 - "Texas’s legal bid to end the Obama-era policy that protects 700,000 undocumented young immigrants brought to the U.S. illegally as children, known as Dreamers, may set the stage for the Trump... Read More