Immigration Law

Recent Posts

CA5 on Retroactivity: Monteon-Camargo v. Barr
Posted on 15 Mar 2019 by Daniel M. Kowalski

Monteon-Camargo v. Barr "Gustavo Monteon-Camargo, a native and citizen of Mexico, petitions for review of a final order of removal by the Board of Immigration Appeals (“BIA” or “Board”). The BIA determined that Monteon-Camargo... Read More

CA5 on Retroactivity: Lopez Ventura v. Sessions
Posted on 20 Oct 2018 by Daniel M. Kowalski

Lopez Ventura v. Sessions - "Because the application of § 1182(a)(2)(A)(i)(II) to Lopez Ventura is impermissibly retroactive, we grant the petition for review, reverse the order of the BIA, and remand for the BIA to determine whether Lopez Ventura... Read More

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

Supreme Court, 8-1, Reverses CA5: Reyes Mata v. Lynch
Posted on 15 Jun 2015 by Daniel M. Kowalski

"An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings. See 8 U. S. C. §1229a(c)(7)(A). If immigration officials deny that motion, a federal court of appeals has jurisdiction to consider... Read More

Texas v. USA Oral Argument Preview
Posted on 16 Apr 2015 by Daniel M. Kowalski

"Judge Hanen’s rulings on both the standing and the APA issues — specifically, that DACA and DAPA are not discretionary and thus require notice and comment rulemaking under the APA — cannot be squared with either the evidence in... Read More

Cities, Counties Ask Appeals Court To Let Obama Immigration Programs Move Forward
Posted on 7 Apr 2015 by Daniel M. Kowalski

"Leaders from more than 70 cities and counties, some going against their states, joined a legal brief filed Monday asking an appeals court to allow President Barack Obama's deportation relief policies to move forward. "Continuing to delay... Read More

Supreme Court Slaps Fifth Circuit on Immigrant Sentencing: Molina-Martinez v. U.S.
Posted on 21 Apr 2016 by Daniel M. Kowalski

Molina-Martinez v. U.S., Apr. 20, 2016 - "The Court of Appeals for the Fifth Circuit stands generally apart from other Courts of Appeals with respect to its consideration of unpreserved Guidelines errors. This Court now holds that its approach is... Read More

White House Won't Take CA5 Immigration Case to Supreme Court...Yet
Posted on 28 May 2015 by Daniel M. Kowalski

"The Obama administration said Wednesday that it won’t ask the U.S. Supreme Court to stay an injunction on two core deferred deportation policies created by the president’s executive actions, just one day after the Fifth Circuit refused... Read More

Fifth Circuit: Border Agent Has Immunity For Shooting Death of Mexican Teen
Posted on 25 Apr 2015 by Daniel M. Kowalski

"The full Fifth Circuit on Friday ruled that the U.S. Border Patrol agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity and could not be sued by the teen’s family under... Read More

Fifth Circuit, 2-1, Nixes Stay of DAPA Injunction
Posted on 26 May 2015 by Daniel M. Kowalski

"Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”... Read More

Information for Fifth Cir. Oral Argument, Apr. 17th, Texas v. USA
Posted on 8 Apr 2015 by Daniel M. Kowalski

"The Clerk’s Office, as directed by the court, provides the following information regarding oral argument in State of Texas, et al v. USA, et al (No. 15-40238). On Friday, April 17, 2015, the court will hear oral argument in this case in... Read More

Unpacking the Fifth Circuit's Nov. 9, 2015 Decision in Texas v. USA
Posted on 12 Nov 2015 by Daniel M. Kowalski

To fully understand the Fifth Circuit's Nov. 9, 2015 decision in Texas v. USA, one simply must read these two pieces: Judicial Energy and the Supreme Court , by Linda Greenhouse ; and On-Line Symposium on Texas v. United States , by Stephen... Read More

DOJ Files 5th Circuit Brief in Texas v. USA
Posted on 31 Mar 2015 by Daniel M. Kowalski

"This case involves a challenge brought by Texas and other States to enjoin — nationwide — enforcement policies that the Secretary of Homeland Security adopted to manage the government’s limited immigration enforcement resources... Read More