Immigration Law

Recent Posts

Travel Ban Waiver Lawsuit Victory: Emami v. Mayorkas
Posted on 2 Aug 2022 by Daniel M. Kowalski

Emami v. Mayorkas "Drawing all inferences and viewing all evidence in the light most favorable to the government, the Court finds that plaintiffs have met their burden of showing that there is no genuine dispute as to any material fact, and that... Read More

Tags: APA , travel ban

Got Plasma? (CADC on B-1, APA, Zone of Interests)
Posted on 10 May 2022 by Daniel M. Kowalski

CSL Plasma v. CBP "In June 2021, U.S. Customs and Border Protection (“CBP”) announced that aliens seeking to sell blood plasma could no longer enter the United States using “B‑1” business visitor visas. Before this policy... Read More

Tags: cbp , APA , b-1

Immigration Lawsuits and the APA: The Basics of a District Court Action
Posted on 23 Sep 2021 by Daniel M. Kowalski

NILA, AIC PRACTICE ADVISORY, September 22, 2021 "The Administrative Procedure Act (APA) is a federal statute that regulates federal agency action in a number of ways. Relevant here, the judicial review provisions of the APA, 5 U.S.C. § 701... Read More

CADC on Expatriation, APA: Farrell v. Blinken
Posted on 14 Jul 2021 by Daniel M. Kowalski

Farrell v. Blinken "While United States citizenship is one of the most sought after in the world, American citizens sometimes choose to relinquish this privilege and place their allegiance elsewhere. Congress has specified the actions that will... Read More

Massive APA Victory at CA11 for Ira Kurzban!
Posted on 9 Jul 2020 by Daniel M. Kowalski

Canal A Media v. USCIS "Plaintiffs Canal A Media Holding, LLC (“Canal A Media”) and Erick Archila appeal the District Court’s dismissal of their amended complaint for lack of subject-matter jurisdiction. They seek to challenge... Read More

Supreme Court: DACA Termination Violated APA!
Posted on 18 Jun 2020 by Daniel M. Kowalski

DHS v. Regents "CHIEF JUSTICE ROBERTS delivered the opinion of the Court, except as to Part IV. In the summer of 2012, the Department of Homeland Security (DHS) announced an immigration program known as Deferred Action for Childhood Arrivals, or... Read More

Tags: Supreme Court , daca , APA , DHS

CA9 on APA, U Visas: Perez Perez v. Wolf
Posted on 22 Nov 2019 by Daniel M. Kowalski

Perez Perez v. Wolf "Pedro Tomas Perez Perez brought suit in the district court under the Administrative Procedure Act (“APA”), challenging the denial of his U visa petition by the United States Citizenship and Immigration Service ... Read More

Tags: APA , U visa

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

Court Slaps USCIS in MAVNI Natz Lawsuit: Nio v. DHS
Posted on 23 May 2019 by Daniel M. Kowalski

Nio v. DHS, May 22, 2019 "The question before the Court is whether the U.S. Department of Homeland Security (“DHS”) and its sub-agency U.S. Citizenship and Immigration Services (“USCIS”) acted lawfully when they instituted... Read More

Tags: nio , mavni , bia , APA , Naturalization , USCIS

Angelo A. Paparelli on Immigration Litigation: "Sue the Miscreants!"
Posted on 6 Mar 2019 by Daniel M. Kowalski

Angelo A. Paparelli, Mar. 4, 2019 "Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood... Read More

16 States Sue Trump Over Border Emergency
Posted on 19 Feb 2019 by Daniel M. Kowalski

California Attorney General, Feb. 18, 2019 "California Governor Gavin Newsom and Attorney General Xavier Becerra, leading a 16-state coalition, today filed a lawsuit in the U.S. District Court for the Northern District of California challenging... Read More

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)
Posted on 17 May 2016 by Daniel M. Kowalski

Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The... Read More

Did the Supreme Court Already Decide Texas v. USA?
Posted on 10 Mar 2015 by Daniel M. Kowalski

Judge Hanen's Feb. 16th injunction turns on the Administrative Procedure Act (APA.) Yesterday's unanimous Supreme Court decision in Perez v. Mtg. Bankers Assoc . could help Judge Hanen and the 5th Circuit answer the question: Did the November... Read More