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

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

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

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

Third Circuit on jurisdiction, REAL ID, APA: Chehazeh v. Atty. Gen.
Posted on 17 Jan 2012 by Daniel M. Kowalski

"Daoud Chehazeh appeals the May 24, 2010 order of the United States District Court for the District of New Jersey dismissing, for lack of jurisdiction, his “Petition for Writ of Habeas Corpus and Stay of Removal Proceedings.”1 Chehazeh... Read More

Advance Copy of DHS Interim Final Rule: Petitions for Rulemaking
Posted on 20 Jul 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 07/21/2016 - "Pursuant to the Administrative Procedure Act, the Department of Homeland Security (DHS or Department) is adopting a process under which interested persons may petition... Read More

Tags: petition , rulemaking , APA , DHS

Cass Sunstein on the APA and Judge Hanen's Injunction
Posted on 19 Feb 2015 by Daniel M. Kowalski

"The decision by a federal judge in Texas Monday to strike down President Barack Obama’s immigration reform initiative runs to a whopping 123 pages. But the crucial ruling is narrow: In adopting a plan to allow unlawful immigrants to apply... Read More

APA E-2 Treaty Investor Remand Victory: All Bright Sanitation v. USCIS
Posted on 16 Sep 2012 by Daniel M. Kowalski

"In this case, All Bright seeks a determination under the Administrative Procedure Act ("APA"), 5 U.S.C. §706 et seq., that the Government improperly denied its petition for a foreign national to receive United States Non-Immigrant... Read More

CA6 on APA Finality: Hosseini v. Johnson
Posted on 17 Jun 2016 by Daniel M. Kowalski

Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration... Read More

CA4 on H-2A Regulatory Whiplash: North Carolina Growers' Association, Inc. v. Solis
Posted on 23 Dec 2012 by Daniel M. Kowalski

"This appeal involves a regulatory action by the Department of Labor (the Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations. We primarily consider: (1) whether the Department’s... Read More

Tags: DOL , APA , rules , H-2A