Immigration Law

Recent Posts

Cert. Granted in Santos-Zacaria v. Garland
Posted on 4 Oct 2022 by Daniel M. Kowalski

On Jan. 10, 2022 a panel of the U.S. Court of Appeals for the Fifth Circuit issued a 2-1 decision in the case of Santos-Zacaria v. Garland, 22 F.4th 570 . On May 10, 2022 counsel for Santos-Zacaria filed a Petition for Writ of Certiorari to the U.S... Read More

Supreme Court, 5-4: Biden v. Texas (MPP; Remain in Mexico)
Posted on 30 Jun 2022 by Daniel M. Kowalski

Biden v. Texas - 20 F. 4th 928, reversed and remanded. ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, and KAVANAUGH, JJ., joined. KAVANAUGH, J., filed a concurring opinion. ALITO, J., filed a dissenting opinion... Read More

Due Process in Removal Proceedings After Thuraissigiam
Posted on 22 Jun 2022 by Daniel M. Kowalski

Diana G. Li, Stanford Law Review, April 2022 "It is well established that Congress wields plenary power over the admission of noncitizens at the border. But when the government removes noncitizens who have already entered the country, including... Read More

Supremes DIG AZ v. SF (Public Charge Rule)
Posted on 15 Jun 2022 by Daniel M. Kowalski

SUPREME COURT OF THE UNITED STATES No. 20–1775 ARIZONA, ET AL., PETITIONERS v. CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 15, 2022] PER CURIAM. The... Read More

Supreme Court on Immigrant Detention, Bond: Johnson v. Arteaga-Martinez; Garland v. Aleman Gonzalez
Posted on 13 Jun 2022 by Daniel M. Kowalski

Johnson v. Arteaga-Martinez - "Section 241(a) of the Immigration and Nationality Act (INA), codified at 8 U. S. C. §1231(a), authorizes the detention of noncitizens who have been ordered removed from the United States. See 110 Stat. 3009–598... Read More

Supreme Court on Border Bivens: Egbert v. Boule
Posted on 8 Jun 2022 by Daniel M. Kowalski

Egbert v. Boule - 998 F. 3d 370, reversed. THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and ALITO, KAVANAUGH, and BARRETT, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment. SOTOMAYOR, J., filed an opinion... Read More

Ethical Dimensions of Patel v. Garland
Posted on 1 Jun 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, May 31, 2022 "On May 16, 2022, the Supreme Court issued its decision in Patel v. Garland , a decision that has devastating implications for the reviewability of U.S. Citizenship and Immigration Services’ (“USCIS”... Read More

Experts Dissect Patel v. Garland
Posted on 19 May 2022 by Daniel M. Kowalski

Two noted immigration law scholars have this to say about Patel v. Garland : ARGUMENT ANALYSIS: Justices grapple with question of federal court review in immigration cases Prof. Shoba Sivaprasad Wadhia OPINION ANALYSIS: Justices split over question... Read More

Supreme Court, 5-4: Patel v. Garland
Posted on 16 May 2022 by Daniel M. Kowalski

Patel v. Garland Majority : "With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal. We must decide how far this bar extends—specifically... Read More

Supremes Order More Briefing in Biden v. Texas (MPP)
Posted on 3 May 2022 by Daniel M. Kowalski

Amy L. Howe, May 3, 2022 "Six days after hearing oral argument in the challenge to the Biden administration’s effort to unwind the “remain in Mexico” immigration policy, the Supreme Court on Monday called for more briefing. In... Read More

SC Oral Argument, Wed. Feb. 23, 2022: Arizona v. City and County of San Francisco (Public Charge)
Posted on 22 Feb 2022 by Daniel M. Kowalski

Links to all the briefs here . Issue: Whether states with interests should be permitted to intervene to defend a rule when the United States ceases to defend. Read More

Jan. 11, 2022 SC Oral Arg. Previews (Detention, Bond, Jurisdiction)
Posted on 10 Jan 2022 by Daniel M. Kowalski

For Garland v. Gonzalez , see here and here . For Johnson v. Arteaga-Martinez , see here and here . For both, see here . Read More