Immigration Law

Recent Posts

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

Debriefing Preap: Chacón, Johnson and Margulies
Posted on 16 Oct 2018 by Daniel M. Kowalski

On October 10, 2018, the Supreme Court heard oral argument in an immigration case, Sessions v. Preap . Three experts help us understand the case and how the Court might rule: Prof. Jennifer M. Chacón - Are there limits to the government’s... Read More

Transcript of Nielsen v. Preap SC Oral Argument
Posted on 11 Oct 2018 by Daniel M. Kowalski

USSC, Oct. 10, 2018 - "CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 16-1363, Nielsen, Secretary of Homeland Security, versus Preap. ..." Read More

Supreme Court Oral Argument Preview: Nielsen v. Preap
Posted on 4 Oct 2018 by Daniel M. Kowalski

The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of... Read More

Cert. Denied in Menocal v. GEO Group (Oct. 1, 2018)
Posted on 1 Oct 2018 by Daniel M. Kowalski

Jacqueline Stevens writes : " Supreme Court Conference Announcement: Cert Denied for Menocal et al. v. GEO Group, Inc. From October 1, 2018 Supreme Court Docke t for The GEO Group, Inc., Petitioner v. Alejandro Menocal, et al... Read More

The Supreme Court, EOIR and a Little Thing Called ISS - Matthew Hoppock
Posted on 22 Sep 2018 by Daniel M. Kowalski

Matthew Hoppock, Sept. 20, 2018 - Post-Pereira, the DOJ Chooses Harsh IJ Performance Metrics Over Compliance With Supreme Court Mandate "It is starting to appear the Department of Justice has chosen not to comply with the Supreme Court’s... Read More