Immigration Law

Recent Posts

High Court Splits 5-4 on CSPA: Scialabba v. Cuellar de Osorio
Posted on 9 Jun 2014 by Daniel M. Kowalski

KAGAN, J., announced the judgment of the Court and delivered an opinion, in which KENNEDY and GINSBURG, JJ., joined. ROBERTS, C. J., filed an opinion concurring in the judgment, in which SCALIA, J., joined. ALITO, J., filed a dissenting opinion. SOTOMAYOR... Read More

Cert. Pet. Filed in CA5 DAPA Challenge: U.S.A. v. Texas
Posted on 20 Nov 2015 by Daniel M. Kowalski

Petition for Writ of Certiorari - "The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’” in which the Secretary “exercis[es] [his] discretion” to forbear... Read More

Feds Seek Full Court Rehearing in USA v. Texas
Posted on 19 Jul 2016 by Daniel M. Kowalski

Amy Howe, July 18, 2016 - " The filing by Acting Solicitor General Ian Gershengorn acknowledged that it is “exceedingly rare” for the Court to agree to rehear a case. But, the Obama administration emphasized, the Court did precisely that... Read More

Supreme Court, 5-4, Reverses CA9: Kerry v. Din
Posted on 15 Jun 2015 by Daniel M. Kowalski

"Because Fauzia Din was not deprived of “life, liberty, or property” when the Government denied Kanishka Berashk admission to the United States, there is no process due to her under the Constitution. To the extent that she received any... Read More

Breaking: Supremes Grant Cert. in USA v. Texas, Add Question
Posted on 19 Jan 2016 by Daniel M. Kowalski

United States Supreme Court, Order List, Jan. 19, 2016 - "15-674 UNITED STATES, ET AL. V. TEXAS, ET AL. - The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief... Read More

Florida Supreme Court rules immigrant cannot join Bar
Posted on 7 Mar 2014 by Daniel M. Kowalski

"In a long-anticipated decision, the Florida Supreme Court ruled unanimously Thursday that Tampa immigrant Jose Godinez-Samperio cannot practice law because he’s not a citizen, and called on the Legislature to correct what it called an “injustice... Read More

Montana Supreme Court Strikes Down Anti-Immigrant Law: MIJA v. Bullock (May 10, 2016)
Posted on 11 May 2016 by Daniel M. Kowalski

MIJA writes: " The Montana Supreme Court has just issued a unanimous decision striking down the entirety of Montana's anti-immigrant law, which was placed on the 2012 ballot by the Montana legislature and approved by 80% of voters. The law, known... Read More

Supreme Court, 5-3, Rules Against Immigrant - Luna Torres v. Lynch
Posted on 19 May 2016 by Daniel M. Kowalski

Luna Torres v. Lynch, May 19, 2016 - KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, GINSBURG, and ALITO, JJ., joined. SOTOMAYOR, J., filed a dissenting opinion, in which THOMAS and BREYER, JJ., joined. Opinion... Read More

Supreme Court Declines Immigration Cases
Posted on 3 Mar 2014 by Daniel M. Kowalski

"The U.S. Supreme Court on Monday rejected attempts by towns in Texas and Pennsylvania to revive local laws that cracked down on illegal immigration. The court decided against hearing appeals filed by the towns of Farmers Branch, Texas, and Hazleton... Read More

The Supreme Court Immigration Case You Never Heard Of: Mathis v. U.S.
Posted on 26 Apr 2016 by Daniel M. Kowalski

Apr. 26, 2016 - Oral argument was heard today in Mathis v. U.S. The transcript is here . Links to all the briefs here . Argument preview here . Nutshell : " On Tuesday, April 26, the United States Supreme Court will hear oral argument in Mathis... Read More

Supreme Court Oral Argument Preview: Lee v. U.S. (Tues., Mar. 28, 2017)
Posted on 27 Mar 2017 by Daniel M. Kowalski

Manny Vargas, Mar. 24, 2017 - "Mr. Lee repeatedly asked his lawyer about the risk of deportation if he agreed to plead guilty. Again and again, the lawyer reassured Mr. Lee that he would not be deported given, as the lawyer put it, Mr. Lee’s... Read More

Cert. Granted in Esquivel-Quintana
Posted on 30 Oct 2016 by Daniel M. Kowalski

Michael Carlin writes: "The Supreme Court granted cert in Esquivel-Quintana v. Lynch . I have been representing Mr. Esquivel-Quintana before the BIA and before the Sixth Circuit . Before the Supreme Court, I am working with Jeffrey Fisher (counsel... Read More

Expert: Supreme Court Immigration Case Could 'Redefine Balance of Power' Between Congress, President
Posted on 20 Jan 2016 by Daniel M. Kowalski

Cornell law professor and co-editor of the 21-volume 'bible' of immigration law , Stephen Yale-Loehr, is quoted in multiple media outlets, including CNN , the New York Times and Law360 regarding USA v. Texas , the Supreme Court case that will... Read More

Supreme Court: Mellouli On Hold
Posted on 24 Aug 2015 by Daniel M. Kowalski

"Moones Mellouli, a Tunisian who had been living legally in the United States until he was deported for a minor drug crime, won one appeal to the Supreme Court this past June and on Friday moved into position potentially to win another. The Justices... Read More