Immigration Law

Recent Posts

CA9 (2-1) on Cal. AB 32: GEO Group v. Newsom
Posted on 5 Oct 2021 by Daniel M. Kowalski

GEO Group v. Newsom "In 2019, California Governor Gavin Newsom signed a bill, AB 32, that phases out all private detention facilities within the state. But because of seasonal and other fluctuations in immigration, the United States Immigration... Read More

DHS Waives Laws to Build More Border Barriers in CA
Posted on 31 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the... Read More

Judge, Prosecutor and Public Defender Push Back Against ICE Courthouse Arrests in CA
Posted on 19 Feb 2020 by Daniel M. Kowalski

Julie Johnson, Press Democrat, Feb. 18, 2020 "Federal immigration agents arrested at least three people Tuesday at the Sonoma County Superior Court campus, preventing them from appearing before judges for pending criminal matters and prompting... Read More

Coalition of State AGs Oppose Trump Asylum Rule: Letter
Posted on 16 Aug 2019 by Daniel M. Kowalski

California Attorney General Xavier Becerra, Aug. 15, 2019 "California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey today led a multistate coalition in filing a comment letter opposing the Trump Administration’s... Read More

CA9: Trump Can't Block California's Immigration Statutes - USA v. California
Posted on 19 Apr 2019 by Daniel M. Kowalski

Emily Cadei, Sacramento Bee, Apr. 18, 2019 "The Ninth Circuit Court of Appeals dealt another blow to President Donald Trump’s immigration agenda on Thursday, rejecting the administration’s bid to block two California “sanctuary”... 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

Permanent Injunction Granted in Cal. Sanctuary Cities Case
Posted on 8 Oct 2018 by Daniel M. Kowalski

San Francisco v. Sessions, Oct. 5, 2018 - "In agreement with every court that has looked at these issues, I find that: the challenged conditions violate the separation of powers; Section 1373 is unconstitutional; the Attorney General exceeds the... Read More

California Immigration Laws Partially Upheld - USA v. California
Posted on 6 Jul 2018 by Daniel M. Kowalski

ORDER RE: THE UNITED STATES OF AMERICA’S MOTION FOR PRELIMINARY INJUNCTION, July 5, 2018 - "Before this Court is the United States of America’s (“Plaintiff” or “United States”) Motion for a Preliminary Injunction... Read More

Cal. Sup. Ct. Admits Sergio Garcia to Bar
Posted on 2 Jan 2014 by Daniel M. Kowalski

"In light of the recently enacted state legislation, we conclude that the Committee‟s motion to admit Garcia to the State Bar should be granted. The new legislation removes any potential statutory obstacle to Garcia‟s admission posed by section 1621... Read More

Sergio Garcia Sworn In As California Lawyer
Posted on 3 Feb 2014 by Daniel M. Kowalski

"He’s living in California illegally, but now he can legally practice law. California has allowed an undocumented immigrant into the state bar. His swearing-in ceremony was today, following a legal debate decades in the making. The steps of... Read More

California Driver License Program Hits Unexpected Hurdle: Trust
Posted on 5 Mar 2014 by Daniel M. Kowalski

"Last year, when California became the most populous state to pass a law permitting undocumented residents to obtain driver’s licenses, advocates for immigrant rights were thrilled, saying it would allow people to commute without fear while... Read More

'Popcorn Lung' Verdict Reversed Over Immigration Info: Velasquez v. Centrome
Posted on 2 Feb 2015 by Daniel M. Kowalski

"A California appellate court Friday reversed the verdict against a former factory worker who lost his "popcorn lung" case, finding the lower court made a crucial mistake when it informed the jury that the plaintiff was in the country illegally... Read More

Cal. Sup. Ct. on Immigration Advisement in Criminal Cases: People v. Martinez
Posted on 9 Aug 2013 by Daniel M. Kowalski

"[Cal.] Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may... Read More

BIA on Mayhem: Matter of Kim, 26 I&N Dec. 912 (BIA 2017)
Posted on 31 Jan 2017 by Daniel M. Kowalski

Matter of Kim, 26 I&N Dec. 912 (BIA 2017) - The crime of mayhem in violation of section 203 of the California Penal Code, which requires a malicious act that results in great bodily injury to another person, necessarily involves the use of violent... Read More

Ninth Circuit on CIMT, Cal. Penal Code § 422: Latter-Singh v. Holder
Posted on 18 Feb 2012 by Daniel M. Kowalski

"Singh claims that the BIA wrongly determined that a violation of California Penal Code § 422 constitutes a crime involving moral turpitude (or “CIMT”), thus rendering him removable. Although we previously determined that a violation... Read More