Immigration Law

Recent Posts

Flores Motion Challenges 'Prison-Like' Detention Camp for Unaccompanied Minors in Florida
Posted on 2 Jun 2019 by Daniel M. Kowalski

CHRCL, May 31, 2019 - "Today we filed a motion to enforce the Flores settlement challenging the lengthy detention of children at the prison-like detention camp for unaccompanied minors located at Homestead, Florida. The motion details the long-term... Read More

State Net Capitol Journal: Congress Fails Immigrants – And The States In Which They Live
Posted on 19 Aug 2014 by State Net

By Lou Cannon | When a do-little Congress went home without addressing the crisis caused by the flight of thousands of unaccompanied children from Central America across U.S. borders, immense strains were placed on state-supervised programs that provide... Read More

News Excerpts From the Jan. 15, 2015, Bender’s Immigration Bulletin
Posted on 12 Jan 2015 by LexisNexis Legal Newsroom Staff

Procedures for H-2Bs Still in Flux | The U.S. District Court for the Northern District of Florida enjoined the Department of Labor’s H-2B labor-certification rule of February 21, 2012, published at 77 Fed. Reg. 10,038. The injunction came in... Read More

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin
Posted on 23 Mar 2015 by LexisNexis Legal Newsroom Staff

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA... Read More

BIA Amicus Invitation - Conviction for Possession of Controlled Substance, Florida (Due Mar. 29, 2018)
Posted on 27 Feb 2018 by Daniel M. Kowalski

BIA, Feb. 27, 2018 - "Amicus Invitation No. 18-02-27 AMICUS INVITATION (CONVICTION FOR POSESSION OF A CONTROLLED SUBSTANCE IN FLORIDA), DUE March 29, 2018 FEBRUARY 27, 2018 The Board of Immigration Appeals welcomes interested members of... Read More

Florida Supreme Court rules immigrant cannot join Bar
Posted on 7 Mar 2014 by Daniel M. Kowalski

"In a long-anticipated decision, the Florida Supreme Court ruled unanimously Thursday that Tampa immigrant Jose Godinez-Samperio cannot practice law because he’s not a citizen, and called on the Legislature to correct what it called an “injustice... Read More

Landscaping Groups Sue Over New H-2B Regulations - Law360
Posted on 3 Jun 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, June 2, 2015 - "Several landscape businesses and groups launched a suit in Florida federal court Monday challenging brand-new regulations for the H-2B program issued by the U.S. Department of Labor and U.S. Department of... Read More

Lawfully Present Lawyers - Wendi Adelson
Posted on 29 Mar 2015 by Daniel M. Kowalski

"As both a participant and an observer in the case of Jose Manuel Godinez Samperio’s efforts to obtain a license to practice law in Florida, I am writing this Article to clarify the issues involved in his case, to discuss the larger questions... Read More

Habeas Victory in Florida: Khan v. Whiddon
Posted on 7 Sep 2016 by Daniel M. Kowalski

On Sept. 7, 2016, Sui Chung writes: "This morning, in Khan v. Whiddon et al . , the Middle District of Florida granted a habeas corpus petition pursuant to Sopo v. U.S. Attorney General , 825 F.3d 1199 (11th Cir. 2016), for detainee of 4.5 years... Read More

Tags: chung , sopo , khan , Florida , vastine , habeas

BIA on 'Illicit Trafficking' - Matter of L-G-H-
Posted on 18 Aug 2014 by Daniel M. Kowalski

Sale of a controlled substance in violation of section 893.13(1)(a)(1) of the Florida Statutes, which lacks a mens rea element with respect to the illicit nature of the substance but requires knowledge of its presence and includes an affirmative defense... Read More

Bad Advice by Fake Immigration Attorney Overturns Conviction: Rila v. Florida
Posted on 27 Apr 2017 by Daniel M. Kowalski

Rila v. Florida, Apr, 26, 2017, DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, FOURTH DISTRICT "Anne Marie Rila appeals the summary denial of a rule 3.850 motion that alleged her plea was involuntary based upon misadvice from a person posing... Read More

CA11 on Modified Categorical Approach: Gordon v. Atty. Gen.
Posted on 11 Jul 2017 by Daniel M. Kowalski

Gordon v. Atty. Gen. - "Petitioner Lannie Gordon (“Gordon”) petitions for review of the Board of Immigration Appeals’ (“Board” or “BIA”) order upholding the Immigration Judge’s (“IJ”) finding... Read More

Unpub. BIA on Fla. Trafficking
Posted on 16 Nov 2016 by Daniel M. Kowalski

Matter of X-, Nov. 8, 2016 (unpub.) - "A conviction under Fla. Stat. § 893.13(1 )(a)(2) for possession with intent to sell ... does not require a showing of an attempt or substantial step towards the completion of unlawful trading or dealing... Read More