Immigration Law

Recent Posts

Court Finds 8 USC 1326 Unconstitutional
Posted on 19 Aug 2021 by Daniel M. Kowalski

U.S. v. Carrillo-Lopez "Because Section 1326 violates the Equal Protection Clause of the Fifth Amendment, the Court will grant Carrillo-Lopez’s Motion. ... It is therefore ordered that Carrillo-Lopez’s motion to dismiss (ECF No. 26... Read More

ICE Detention in Fla. Violates 5th, 8th Amendments: Gayle v. Meade
Posted on 1 May 2020 by Daniel M. Kowalski

Gayle v. Meade "The Petitioners in this case are 34 immigrant detainees. Petitioners claim that they are housed at one of three immigration detention centers in Florida: the Krome Detention Center in Miami (“Krome”), the Broward Transitional... Read More

CA3 Derivative Citizenship Victory: Tineo v. Atty. Gen.
Posted on 4 Sep 2019 by Daniel M. Kowalski

Tineo v. Atty. Gen. "In plain terms, we are called to decide whether precluding a father from ever having his born-out-of-wedlock child derive citizenship through him can be squared with the equal-protection mandate of the Due Process Clause of... 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