Immigration Law

Recent Posts

Immigration Law Profs, Scholars Oppose Quotas ("Performance Metrics") for Immigration Judges: Letter
Posted on 15 Aug 2018 by Daniel M. Kowalski

Letter to Atty. Gen. Sessions, Aug. 14, 2018 - "We are scholars and teachers of immigration law and of administrative law. We write to express our alarm about the Department of Justice’s new performance metrics for immigration judges. We believe... Read More

Fact Sheet on Family Separation for Asylum seekers - CLINIC
Posted on 10 Aug 2018 by Daniel M. Kowalski

CLINIC, Aug. 9, 2018 - "In April 2018, the Trump Administration began a “Zero Tolerance” policy that led to the Department of Homeland Security (DHS) separating asylum-seeking parents from their children. This policy affected both families... Read More

Judge Blocks Deportations, Threatens Sessions, Nielsen, Cissna and McHenry with Contempt
Posted on 9 Aug 2018 by Daniel M. Kowalski

Grace v. Sessions - "Plaintiffs’ counsel informed the Court that, despite the representations made by Defendants, Plaintiffs “Carmen” and her daughter had been removed from their place of detention and could be in the process of... Read More

Posted on 7 Aug 2018 by Daniel M. Kowalski

ACLU, Aug. 7, 2018 - "The American Civil Liberties Union and Center for Gender & Refugee Studies filed a federal lawsuit today challenging the Trump administration’s gutting of asylum protections for immigrants fleeing domestic violence... Read More

NAIJ Files Grievance over Sessions' Meddling in Castro-Tum
Posted on 8 Aug 2018 by Daniel M. Kowalski

"Judges’ Union Files Grievance Over DOJ’s Interference with Judicial Independence and Violation of the Due Process Rights of Those Appearing before the Immigration Courts; Guatemalan Youth Ordered Deported Despite Philadelphia-based Federal... Read More

Why Are Immigration Court Bonds Skyrocketing?
Posted on 25 Jul 2018 by Daniel M. Kowalski

Dianne Solis, Dallas Morning News, July 23, 2018 - "Nothing in the law has changed regarding bonds," said Dan Kowalski, an immigration attorney and editor of an immigration law bulletin . "The only explanation I can think of is immigration... Read More

In Letter to Sessions, Immigration Judges Push Back Against Quotas
Posted on 31 Jul 2018 by Daniel M. Kowalski

NAIJ letter, May 2, 2018 re Misunderstandings about Immigration Judge "Quotas" in Testimony Before House Appropriations Committee "... [W]e are concerned based on your testimony before the House Appropriations Committee last week, in... Read More

CA9 on China, Asylum, Religious Persecution: Guo v. Sessions
Posted on 31 Jul 2018 by Daniel M. Kowalski

Guo v. Sessions - "Petitioner Zhihui Guo is a Chinese citizen who entered the United States in 2010 on a student visa and stayed beyond its duration. He seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims... Read More

Retired IJs, Former BIA Members Blast Sessions' Meddling in Matter of Castro-Tum Remand
Posted on 2 Aug 2018 by Daniel M. Kowalski

July 30, 2018 open letter - "On Thursday, July 26, 2018, the Executive Office for Immigration Review (EOIR), in a costly and inefficient use of the agency’s resources, sent an Assistant Chief Immigration Judge to the Philadelphia Immigration... Read More

Vox (Dara Lind) Exclusive: Draft Asylum Regulation Would Block Many Central Americans
Posted on 29 Jun 2018 by Daniel M. Kowalski

Dara Lind, Vox, June 29, 2018 - "The Department of Justice, under Attorney General Jeff Sessions, is drafting a plan that would totally overhaul asylum policy in the United States. Under the plan, people would be barred from getting asylum if they... Read More

Immigration Court Bonds Rise Under Trump
Posted on 29 Jun 2018 by Daniel M. Kowalski

Daniel Bush, PBS, June 28, 2018 - "Federal judges are setting unusually large bonds for detained immigrants, immigration attorneys say, including for parents who were separated from their children at the border, a shift that has delayed the parents’... Read More

Family Separation Update - 4 Things You Need to Know (July 10, 2018)
Posted on 11 Jul 2018 by Daniel M. Kowalski

ACLU, July 10, 2018 - "On June 26, a federal judge issued a national injunction in the ACLU’s class action lawsuit against the Trump administration’s policy of separating children and parents at the border. He ordered the government to... Read More

Court: DOJ Attempt to Avoid Flores Agreement 'Wholly Without Merit'
Posted on 10 Jul 2018 by Daniel M. Kowalski

Flores v. Sessions, July 9, 2018 - "Defendants’ Ex Parte Application is a thinly veiled motion for reconsideration without any meaningful effort to comply with the requirements of Local Rule 7-18. ... Defendants now seek to hold minors in indefinite... Read More

Sealed, Unpublished CA10 Asylum Victory - "A.B." v. Sessions (Bangladesh, Religious Minorities)
Posted on 10 Jul 2018 by Daniel M. Kowalski

"A.B." v. Sessions - "In light of Petitioner’s recent deportation to Bangladesh and concerns about his safety there, we use fictitious initials to protect his identity. ... The BIA did not cite, and we have not found, any evidence... Read More

Expert: Family Separation at Border Unlikely to Deter Central American Asylum Seekers
Posted on 20 Jun 2018 by Daniel M. Kowalski

Tana Ganeva, Raw Story, June 19, 2018 - "Immigration experts point out that in addition to being inhumane, the policy is not likely to be effective because unlike Homan’s contention that the parents are choosing poorly, many don’t have... Read More