Immigration Law

Recent Posts

CA1 on Jurisdiction, FTCA: Kong v. USA
Posted on 15 Mar 2023 by Daniel M. Kowalski

Kong v. USA "Bunthoeun Kong claims that he was improperly arrested and detained by federal immigration officers for the purpose of repatriating him to Cambodia. He now seeks damages from the United States under the Federal Tort Claims Act ("FTCA"... Read More

Experts Hail Rare Victory for Immigrants: Zelaya v. Hammer
Posted on 28 Feb 2023 by Daniel M. Kowalski

Miriam Jordan, NYT, Feb. 27, 2023 "Nearly 100 immigrants who were rounded up during a 2018 raid at a meat processing plant in Tennessee have reached a $1.17 million settlement against the U.S. government and federal agents, who they said used racial... Read More

Wrongful Deportation FTCA Victory from Mass: Guerra-Castañeda v. USA
Posted on 19 Feb 2023 by Daniel M. Kowalski

SangYeob Kim, Staff Attorney, American Civil Liberties Union of New Hampshire, writes: "ACLU-NH is happy to share our victory in the wrongful deportation FTCA case from D. Mass. ICE deported our client during his petition for review before the First... Read More

Tags: FTCA

Comedian Files FTCA Lawsuit Against CBP
Posted on 14 Feb 2020 by Daniel M. Kowalski

NWIRP, Feb. 14, 2020 "Mohanad Elshieky, a professional comedian and refugee from Libya, filed a complaint in U.S. District Court for the Eastern District of Washington today against the United States after Border Patrol officers in Spokane, WA... Read More

Tags: cbp , elshieky , lawsuit , FTCA

Separated Family Members Seek Monetary Damages from United States under FTCA
Posted on 11 Feb 2019 by Daniel M. Kowalski

American Immigration Council, Feb. 11, 2019 "The American Immigration Council filed administrative claims for monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump... Read More

David Isaacson on FTCA Claim Filing Timing: Watson v. USA
Posted on 16 Aug 2017 by Daniel M. Kowalski

David Isaacson, Aug. 15, 2017 - "In its July 31, 2017, opinion in Watson v. United States , a panel of the U.S. Court of Appeals for the Second Circuit, over the dissent of Chief Judge Robert A. Katzmann, declared untimely the claim of false imprisonment... Read More

Tags: isaacson , watson , FTCA

FTCA Lawsuit by American Citizen Against ICE Moves Forward - Watson v. USA
Posted on 1 Oct 2015 by Daniel M. Kowalski

"Plaintiff has a basis for contending that, for lack of an attorney, and because of the negligent failure of the United States to protect him when he rightly claimed United States citizenship, he, a young citizen, son of a citizen, was unjustly incarcerated... Read More

Tags: ICE , watson , FTCA

The Price For Deporting an American Child? $32K (Ruiz v. USA)
Posted on 5 Jul 2015 by Daniel M. Kowalski

AIC writes - "Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor... Read More

Lengthy Detention of American Citizen by ICE Yields Small Award: Watson v. USA
Posted on 29 Feb 2016 by Daniel M. Kowalski

Watson v. USA, Feb. 25, 2016 - "This arcane case involves a combination of critical negligent factual errors by government officials and rare reversals in the interpretation of applicable substantive citizenship law. An American citizen was wrongly... Read More

$1.2M in Damages Awarded Against USA in FTCA Case; Asylum Officer Misconduct: Lu v. USA
Posted on 8 Aug 2013 by Daniel M. Kowalski

"Lu suffered loss of enjoyment of life, grief, anxiety, humiliation, emotional distress and has signs of PTSD and physically suffered weight loss, insomnia, and "avoidance of traumatic reminders" and dark circles under her eyes. (See Findings... Read More

Tags: Damages , lu , asylum , FTCA

Lawsuit Filed Against CBP Over Border Detention Conditions: Quiñones Flores v. USA
Posted on 23 May 2014 by Daniel M. Kowalski

"Americans for Immigrants Justice (AI Justice) and Kurzban Kurzban Weinger Tetzeli & Pratt, P.A., filed a lawsuit in U.S. Federal Court against Customs & Border Protection (CBP) for its abuse and unlawful treatment of Alba, a twenty-eight... Read More