Immigration Law

Recent Posts

ICE Stalks Targets at NY Human Trafficking Court
Posted on 20 Jun 2017 by Daniel M. Kowalski

Beth Fertig, WNYC, June 16, 2017 - "Public defenders and the state's top judge were rattled Friday after federal immigration agents were present in a Queens criminal courtroom for human trafficking victims. A WNYC reporter was in the building... Read More

Tags: Court , trafficking , ICE

Court Orders Release of Graphic Photos of Arizona Border Patrol Detention Facilities and Damning Expert Witness Testimony
Posted on 18 Aug 2016 by Daniel M. Kowalski

NILC, Aug. 18, 2016 - "Today, groups made public damning evidence, including expert testimony and video stills illustrating the deplorable and unconstitutional conditions detained individuals are subjected to in Border Patrol custody in the agency’s... Read More

Texas Court Blocks Licensing of Family Detention Camps as 'Childcare' Facilities
Posted on 3 Dec 2016 by Daniel M. Kowalski

Grassroots Leadership, Dec. 3, 2016 - "In a major victory for detained asylum seeking mothers and their children, an Austin judge Friday issued a final judgment effectively preventing the Texas Department of Family and Protective Services (DFPS)... Read More

Accuracy for Adoptees Act Amends INA Sec. 320 [Post Expanded]
Posted on 17 Jan 2014 by Daniel M. Kowalski

RECOGNITION OF STATE COURT DETERMINATIONS OF NAME AND BIRTH DATE - Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended by adding at the end the following: ‘‘(c) A Certificate of Citizenship or other Federal document... Read More

Tags: INA , Court , adoptees , law , 320 , aaaa , name

Settlement Reached in Class Action Lawsuit Challenging the Shackling of Immigrants in Court
Posted on 20 Feb 2014 by Daniel M. Kowalski

"An historic settlement was reached Thursday in a class action lawsuit between immigration authorities and immigrants who are held in custody during their civil immigration proceedings in San Francisco. The settlement brings an end to the federal... Read More

N.Y. Ct. App. on Court Advisals: People v. Peque
Posted on 21 Nov 2013 by Daniel M. Kowalski

"[F]undamental fairness ... requires a trial court to make a non-citizen defendant aware of the risk of deportation because deportation frequently results from a non-citizen's guilty plea and constitutes a uniquely devastating deprivation of... Read More

BIA Sets Oral Argument in Vides-Casanova Case: Feb. 6, 2014
Posted on 30 Jan 2014 by Daniel M. Kowalski

"The U.S. Board of Immigration Appeals will hear arguments on the appeal by former Minister of Defense of El Salvador, General Carlos Eugenio Vides-Casanova, of an immigration court decision ordering him to be removed from the U.S. for his role in... Read More

EOIR to Open Aurora, Colorado Detained Immigration Court on May 31, 2016
Posted on 17 May 2016 by Daniel M. Kowalski

EOIR, May 17, 2016 - "The Executive Office for Immigration Review today announced it will be establishing a full-time presence and opening an immigration court in the Department of Homeland Security contract detention facility in Aurora, Colo., on... Read More

Practice Alert for Dallas Immigration Court Practitioners
Posted on 20 Mar 2015 by Daniel M. Kowalski

Dallas Immigration Judge Deitrich Sims, despite repeated reversals by the Board of Immigration Appeals, continues to deny various joint and unopposed motions. We previously reported on his denial of joint and unopposed motions to change venue. See: http... Read More

Is a Special Court-Martial a 'Court' for Immigration (Removal) Purposes? - Gourzong v. Atty. Gen. (CA3)
Posted on 14 Jun 2016 by Daniel M. Kowalski

Gourzong v. Attorney General, June 14, 2016 Majority : "We agree with the BIA that, as a general matter, convictions by special courts-martial qualify as convictions for purposes of the INA." Dissent : "Gourzong was not “convicted... Read More

How can we expect our clients to comply with address change rules when EOIR won't?
Posted on 8 Jan 2012 by Daniel M. Kowalski

Posted by Prof. Jacqueline Stevens, Tuesday, January 3, 2012 - EOIR Fails to File Change of Its Own Chicago Address With Itself "The EOIR issued an official announcement on December 1, 2011 indicating a move on December 7 . but it never bothered... Read More

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez
Posted on 21 May 2014 by Daniel M. Kowalski

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing... Read More

Court blocks part of Alabama immigration law
Posted on 24 Nov 2011 by Daniel M. Kowalski

"Today, the federal district court in Montgomery temporarily blocked a section of Alabama anti-immigrant law HB 56 that threatens to push families who cannot prove lawful status out of their homes. A civil rights coalition filed a lawsuit ... Read More

Thousands Of Child Migrants Go Unrepresented In Immigration Court
Posted on 13 Jun 2016 by Daniel M. Kowalski

Jude Joffe-Block, Fronteras, June 9, 2016 - "Between July 2014 and April 2016, the U.S. initiated removal proceedings against more than 64,000 children who arrived at the U.S.-Mexico border without their parents, according to data from the Executive... Read More

Immigration Removal Orders Rise, But With Wide Variation By Court: TRAC
Posted on 21 Dec 2014 by Daniel M. Kowalski

"The U.S. Immigration Court is granting a greater proportion of the deportation orders that are being requested by the government. According to the latest case-by-case records, current through the end of November 2014, the Immigration Court granted... Read More

Tags: Court , removal , TRAC