Immigration Law

Recent Posts

Third Country Asylum Rule: What You Need To Know (Updated Sept. 19, 2019)
Posted on 20 Sep 2019 by Daniel M. Kowalski

Penn State Law, Center for Immigrants' Rights Clinic, Sept. 19, 2019 Third Country Asylum Rule: What You Need To Know Read More

Supreme Court Stays Asylum Injunction: Signal on the Merits or Procedural Snag?
Posted on 12 Sep 2019 by Daniel M. Kowalski

Prof. Peter Margulies, Sept. 12, 2019 "On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued... Read More

Supreme Court Grants Trump Administration Request for Stay: East Bay Sanctuary Covenant
Posted on 11 Sep 2019 by Daniel M. Kowalski

Barr v. East Bay Sanctuary Covenant "The application for stay presented to JUSTICE KAGAN and by her referred to the Court is granted. The district court’s July 24, 2019 order granting a preliminary injunction and September 9, 2019 order restoring... Read More

Supreme Court Grants Stay in Border Wall Litigation
Posted on 29 Jul 2019 by Daniel M. Kowalski

Sierra Club, July 26, 2019 "The American Civil Liberties Union today announced that it will seek to expedite proceedings before the Ninth Circuit Court of Appeals in order to restore a permanent block on border wall construction using unauthorized... Read More

Can the APA's Arbitrary and Capricious Test Save DACA? - Cyrus Mehta
Posted on 30 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 29, 2019 "The Supreme Court announced on June 28, 2019 that it would consider the legality of President Trump’s ending of the Deferred Action for Childhood Arrivals Program. Although federal courts in New York , California... Read More

SCOTUS to Review DACA Recission Cases
Posted on 28 Jun 2019 by Daniel M. Kowalski

From the June 28, 2019 Order List : "18-587 ) DEPT. OF HOMELAND, ET AL. V. REGENTS OF UNIV. OF CA, ET AL. ) 18-588 ) TRUMP, PRESIDENT OF U.S., ET AL. V. NAACP, ET AL. ) 18-589 ) McALEENAN, SEC. OF HOMELAND V. VIDAL, MARTIN J., ET AL. The petition... Read More

CA9 Rejects Mendoza-Hernandez: Lorenzo Lopez v. Barr
Posted on 22 May 2019 by Daniel M. Kowalski

Lorenzo Lopez v. Barr "We hold that a Notice to Appear that is defective under Pereira cannot be cured by a subsequent Notice of Hearing. The law does not permit multiple documents to collectively satisfy the requirements of a Notice to Appear... Read More

Cert. Granted in 'Stop-Time Rule' Case: Barton v. Barr
Posted on 22 Apr 2019 by Daniel M. Kowalski

Sup. Ct. No. 18-725 Issue : Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1). Links... Read More

Trump’s Travel Ban Faces Fresh Legal Jeopardy
Posted on 28 Mar 2019 by Daniel M. Kowalski

Prof. Robert L. Tsai, Mar. 27, 2019 "At the time of the high court’s ruling, the key question was whether the policy was constitutional as written. But now, more than two years since Trump first issued the ban, the question isn’t simply... Read More

Peter Margulies on Preap
Posted on 21 Mar 2019 by Daniel M. Kowalski

Peter Margulies, Mar. 20, 2019 "The Supreme Court’s March 19 decision on in Nielsen v. Preap rejected challenges to mandatory detention of certain noncitizens—“aliens” under the Immigration and Nationality Act (INA). Generally... Read More

Supreme Court on 'When...Released' - Nielsen v. Preap (5-4)
Posted on 19 Mar 2019 by Daniel M. Kowalski

Nielsen v. Preap (5-4) Justice Alito for the majority: "[T]he United States Court of Appeals for the Ninth Circuit held that this mandatory-detention requirement [8 U. S. C. §1226(c)] applies only if a covered alien is arrested by immigration... Read More

Former Consular Officer: "There Really Is No Waiver" for Muslim Travel Ban
Posted on 6 Feb 2019 by Daniel M. Kowalski

Emami v. Nielsen "[E]xhibits in the complaint ... include a declaration by a former consular officer, Christopher Richardson, Esq., who was employed by the United States Department of State from 2011 to 2018, and most recently as American Citizens... Read More

Jennings Remanded to District Court
Posted on 26 Nov 2018 by Daniel M. Kowalski

CA9, Nov. 19, 2018 - "On remand from the Supreme Court’s opinion in Jennings v. Rodriguez, 138 S. Ct. 830 (2018), in an action in which petitioners challenge their prolonged immigration detention, the panel remanded constitutional claims and... Read More

Trump Tries to Bypass Lower Courts on DACA
Posted on 6 Nov 2018 by Daniel M. Kowalski

Amy Howe, SCOTUSBlog, Nov. 5, 2018 - "The federal government tonight returned to the Supreme Court , asking it once again to intervene in a dispute over the Trump administration’s decision to end the program known as “Deferred Action... Read More