Immigration Law

Recent Posts

USCIS Snubs Supreme Court on DACA
Posted on 24 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 24, 2020 "U.S. Citizenship and Immigration Services today provided guidance on how it will implement Acting Secretary of Homeland Security Chad Wolf’s July 28 memorandum (PDF) regarding the Deferred Action for Childhood Arrivals... Read More

Wolf, Barr on DACA (July 28, 2020)
Posted on 28 Jul 2020 by Daniel M. Kowalski

July 28, 2020 DHS Press Release here . July 28, 2020 memo from Wolf to ICE, CBP and USCIS here . June 30, 2020 letter from Barr to Wolf here . Read More

Tags: Supreme Court , daca , barr , wolf , DHS

Analysis: DHS v. Thuraissigiam
Posted on 2 Jul 2020 by Daniel M. Kowalski

Aditi Shah, Lawfare, July 2, 2020 "On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam, an asylum-seeker, does not have a constitutional right to habeas corpus review in federal court of his claims that the government violated... Read More

Supreme Court on Habeas, Due Process: DHS v. Thuraissigiam
Posted on 25 Jun 2020 by Daniel M. Kowalski

DHS v. Thuraissigiam "[U]nder our precedents, neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of respondent’s claims, and IIRIRA’s limitations on habeas review are constitutional... Read More

Supreme Court: DACA Termination Violated APA!
Posted on 18 Jun 2020 by Daniel M. Kowalski

DHS v. Regents "CHIEF JUSTICE ROBERTS delivered the opinion of the Court, except as to Part IV. In the summer of 2012, the Department of Homeland Security (DHS) announced an immigration program known as Deferred Action for Childhood Arrivals, or... Read More

Tags: Supreme Court , daca , APA , DHS

Cert. Granted: Albence v. Guzman Chavez
Posted on 15 Jun 2020 by Daniel M. Kowalski

Amy Howe, June 15, 2020 - "[I]n Albence v. Guzman Chavez , the justices will decide which provision of immigration law – 8 U.S.C. § 1231 or 8 U.S.C. § 1226 – applies to the detention of a noncitizen who is seeking withholding... Read More

Cert. Granted in Niz-Chavez v. Barr (Stop-Time Rule; Pereira)
Posted on 8 Jun 2020 by Daniel M. Kowalski

Link to the June 8, 2020 Order List here . Link to the SCOTUSblog case page, with all the briefs to date, here . Read More

The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials
Posted on 28 May 2020 by Daniel M. Kowalski

Cyrus D. Mehta and Sonal Sharma, May 28, 2020 "In June 2019, when the Supreme Court handed down a decision in Kisor v Wilkie , it was yet to be seen what impact this decision would have on federal court challenges to H-1B denials. Prior to Kiso... Read More

Prof. Nancy Morawetz: The Illogic and Cruelty of Barton v. Barr
Posted on 23 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 23, 2020 "Today’s Supreme Court decision in Barton v. Barr (see also here ), is disappointing on many levels. It ignores congressional intent and closes off relief for long term lawful permanent residents (LPRs... Read More

Supreme Court on Cancellation: Barton v. Barr (5-4)
Posted on 23 Apr 2020 by Daniel M. Kowalski

Barton v. Barr [Maj. Op.] "Barton argues that the BIA and the Eleventh Circuit misinterpreted the statute. He contends that the §1182(a)(2) offense that precludes cancellation of removal must be one of the offenses of removal. We disagree... Read More

Prof. Nancy Morawetz: Will the Confession of Error in Brown Once Again Block the Courthouse Door?
Posted on 22 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 22, 2020 "The mystery of the Brown v. Barr case (see yesterday’s blog) was partially solved when Marcia Coyle at the National Law Journal obtained a copy. See Download Brown . It is still not available on any public... Read More

Supreme Court (7-2) on Judicial Review: Guerrero-Lasprilla v. Barr
Posted on 23 Mar 2020 by Daniel M. Kowalski

Guerrero-Lasprilla v. Barr "Section 242(a) of the Immigration and Nationality Act, codified as 8 U. S. C. §1252(a), provides for judicial review of a final Government order directing the removal of an alien from this country. See 66 Stat.... Read More

Supreme Court Stays Injunction Against MPP / Remain in Mexico
Posted on 11 Mar 2020 by Daniel M. Kowalski

WOLF, SEC. OF HOMELAND, ET AL. V. INNOVATION LAW LAB, ET AL. (ORDER LIST: 589 U.S.) WEDNESDAY, MARCH 11, 2020 ORDER IN PENDING CASE 19A960 WOLF, SEC. OF HOMELAND, ET AL. V. INNOVATION LAW LAB, ET AL. The application for stay presented to Justice... Read More

Expert: Supreme Court Case Could Allow States to Regulate Immigration
Posted on 3 Mar 2020 by Daniel M. Kowalski

Ariane de Vogue and Devan Cole, CNN, Mar. 3, 2020 "The Supreme Court ruled Tuesday against an unauthorized immigrant in Kansas, holding that a state could convict him of identity theft without interfering with federal immigration law. The 5-4... Read More

Supreme Court on Preemption, IRCA: Kansas v. Garcia (5-4)
Posted on 3 Mar 2020 by Daniel M. Kowalski

Kansas v. Garcia (5-4) Majority - "Kansas law makes it a crime to commit “identity theft” or engage in fraud to obtain a benefit. Respondents—three aliens who are not authorized to work in this country—were convicted under... Read More