Immigration Law

Recent Posts

Supreme Court Oral Argument Previews: Mellouli v. Holder
Posted on 13 Jan 2015 by Daniel M. Kowalski

REVISIONIST HISTORY: THE GOVERNMENT’S LATEST ATTEMPT TO IGNORE THE CATEGORICAL APPROACH IN MELLOULI V. HOLDER - By Alina Das RETHINKING REMOVABILITY FOR POSSESSION OF DRUG PARAPHERNALIA (AKA A SOCK) - By Jennifer Lee Koh DRAWING OUTSIDE THE... Read More

Link to Transcript of Mellouli v. Holder Supreme Court Oral Argument
Posted on 14 Jan 2015 by Daniel M. Kowalski

Supreme Court No. 13-1034, Jan. 14, 2015 See also: Supreme Court Oral Argument Previews: Mellouli v. Holder Read More

Supreme Court Slaps Fifth Circuit on Immigrant Sentencing: Molina-Martinez v. U.S.
Posted on 21 Apr 2016 by Daniel M. Kowalski

Molina-Martinez v. U.S., Apr. 20, 2016 - "The Court of Appeals for the Fifth Circuit stands generally apart from other Courts of Appeals with respect to its consideration of unpreserved Guidelines errors. This Court now holds that its approach is... Read More

Reaction to USA v. Texas Supreme Court Oral Argument
Posted on 19 Apr 2016 by Daniel M. Kowalski

Tuesday, Apr. 19, 2016, Yosemite National Park* Professors, practitioners, bloggers and reporters are reacting to yesterday's Supreme Court oral argument. (Transcript here .) A sample: Will Chief Justice Roberts Give the Administration a... Read More

Supreme Court Decides Passport Case re Jerusalem: Zivotofsky v. Kerry
Posted on 8 Jun 2015 by Daniel M. Kowalski

"The statement in question here is a congressional mandate that allows a United States citizen born in Jerusalem to direct the President and Secretary of State, when issuing his passport, to state that his place of birth is “Israel.”... Read More

BREAKING: Supreme Court Tosses 'Adderall Sock' Deportation Case - Mellouli v. Lynch
Posted on 1 Jun 2015 by Daniel M. Kowalski

"The question presented is whether a Kansas conviction for using drug paraphernalia to store or conceal a controlled substance, §21–5709(b), subjects an alien to deportation under §1227(a)(2)(B)(i), which applies to an alien “convicted... Read More

Supreme Court Fast-tracks DAPA Appeal: Texas v. USA
Posted on 2 Dec 2015 by Daniel M. Kowalski

Bloomberg, Dec. 1, 2015 - "Supreme Court rejects Texas bid for delay in filing deadline; Texas sought 30-day filing extension, received eight days. The U.S. Supreme Court rejected Texas’s request for a 30-day extension to file its opening brief... Read More

Supreme Court, 8-1, Reverses CA5: Reyes Mata v. Lynch
Posted on 15 Jun 2015 by Daniel M. Kowalski

"An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings. See 8 U. S. C. §1229a(c)(7)(A). If immigration officials deny that motion, a federal court of appeals has jurisdiction to consider... Read More

Cert. Denied in Castro v. DHS (CA3)
Posted on 17 Apr 2017 by Daniel M. Kowalski

Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from... Read More

Elizabeth Keyes on Kerry v. Din - Another Choiceless Choice
Posted on 16 Jun 2015 by Daniel M. Kowalski

Kevin Johnson writes : "Yesterday, the Supreme Court decided Kerry v. Din . Over the next few weeks, the ImmigrationProf blog will be running an on-line symposium with immigration professors analyzing various aspects of the decision. The first installment... Read More

S.C. Mellouli v. Holder Oral Argument Recap - Dean Kevin R. Johnson
Posted on 16 Jan 2015 by Daniel M. Kowalski

"[On Jan. 14, 2015] the Supreme Court heard oral argument in Mellouli v. Holder , a challenge to the removal of Moones Mellouli, a lawful permanent resident from Tunisia, based on a Kansas misdemeanor drug paraphernalia conviction for possession... Read More

LexisNexis Expert Yale-Loehr: Scalia's Absence May Not Affect Immigration Case
Posted on 23 Feb 2016 by Daniel M. Kowalski

Laura D. Francis, Bloomberg BNA, Feb. 17, 2016 - "Stephen Yale-Loehr of Miller Mayer in Ithaca, N.Y., said the case might have split 5-4 in favor of the states if Scalia remained on the court, which would result in a 4-4 tie without him. A tie vote... Read More