Immigration Law

Recent Posts

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

CA6 (2-1) - No Bivens at Border: Elhady v. Bradley
Posted on 22 Nov 2021 by Daniel M. Kowalski

Elhady v. Bradley Maj. - "In short, when it comes to the border, the Bivens issue is not difficult—it does not apply. And district courts would be wise to start and end there. We reverse and remand for the district court to enter final judgment... Read More

Tags: Bivens , border

SCOTUS Grants Cert. in Border Bivens Case: Egbert v. Boule
Posted on 22 Nov 2021 by Daniel M. Kowalski

SCOTUSblog case page for Egbert v. Boule, Docket No. 21-147 " Issues : (1) Whether a cause of action exists under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics for First Amendment retaliation claims; and (2) whether a cause... Read More

Tags: Bivens , border

CA9 on Bivens: Boule v. Egbert, Amended
Posted on 21 May 2021 by Daniel M. Kowalski

Boule v. Egbert, amended 5-20-21 "The opinion filed on November 20, 2020, and reported at Boule v. Egbert, 980 F.3d 1309 (9th Cir. 2020), is amended, and the amended opinion is filed concurrently with this order. ... We are asked to decide whether... Read More

Tags: Bivens

Supreme Court, 5-4, on Bivens: Mesa II
Posted on 25 Feb 2020 by Daniel M. Kowalski

Hernández v. Mesa "We are asked in this case to extend Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), and create a damages remedy for a cross-border shooting. As we have made clear in many prior cases, however, the Constitution’s... Read More

CA9 on Bivens: Lanuza v. Love
Posted on 15 Aug 2018 by Daniel M. Kowalski

Lanuza v. Love - Court staff summary: "The panel reversed the district court’s order declining to extend a Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), remedy to an immigrant pursuing lawful permanent... Read More

Tags: Bivens

CA9 on Border Shooting, Bivens, 4th Amendment: Rodriguez v. Swartz
Posted on 7 Aug 2018 by Daniel M. Kowalski

Rodriguez v. Swartz - "A U.S. Border Patrol agent standing on American soil shot and killed a teenage Mexican citizen who was walking down a street in Mexico. We address whether that agent has qualified immunity and whether he can be sued for violating... Read More

CA4, En Banc, on Bivens for Border Killing: Hernandez v. Mesa
Posted on 21 Mar 2018 by Daniel M. Kowalski

Hernandez v. Mesa, Mar. 20, 2018 Majority : "Here, extending Bivens would interfere with the political branches’ oversight of national security and foreign affairs. ... the district court’s judgment of dismissal is AFFIRMED."... Read More

Judge Prado's Swan Song? (Hernandez v. Mesa Dissent)
Posted on 26 Mar 2018 by Daniel M. Kowalski

Paul W. Schmidt writes : "Judge Edward C. Prado is nor just “any” U.S. Circuit Judge. Among other things in his long and distinguished career, Judge Prado was the U.S. Attorney for the Western District of Texas during the Reagan Administration... Read More

Supreme Court on Cross-Border Shooting: Hernandez v. Mesa
Posted on 26 Jun 2017 by Daniel M. Kowalski

Hernandez v. Mesa, June 26, 2017 - "The facts alleged in the complaint depict a disturbing incident resulting in a heartbreaking loss of life. Whether petitioners may recover damages for that loss in this suit depends on questions that are best answered... Read More

CA11 on Prolonged ICE Detention, Bivens, Jurisdiction: Alvarez v. ICE
Posted on 25 Mar 2016 by Daniel M. Kowalski

Alvarez v. ICE, Mar. 24, 2016 - "Although we hold that § 1252(g) does not bar us from considering the merits of Alvarez’s claim, we also find that no Bivens remedy is available to him, both because the Immigration and Nationality Act sets... Read More

CA5 on Bivens: De La Paz v. Coy
Posted on 15 May 2015 by Daniel M. Kowalski

"Customs and Border Patrol (“CBP”) agents apprehended Daniel Frias and Alejandro Garcia de la Paz, both illegal aliens, in separate incidents miles from the U.S.-Mexico border, in the heart of Texas. Both allege that the agents stopped... Read More

CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)
Posted on 2 Jul 2014 by Daniel M. Kowalski

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a... Read More

Professor-Blogger Sues DOJ Over Public Access to Immigration Court
Posted on 3 May 2012 by Daniel M. Kowalski

"On April 19, 2010 guards followed an unlawful order to remove me from the Atlanta federal building housing the immigration courts . Documents obtained under the Freedom of Information Act (FOIA) show that in the months following this, supervising... Read More