Immigration Law

Recent Posts

CA4 4th Amendment Remand Victory: Yoc-Us v. Atty. Gen.
Posted on 31 Jul 2019 by Daniel M. Kowalski

Yoc-Us v. Atty. Gen. "The facts alleged by Petitioners, if supported by evidence, could support the conclusion that the illegal extension of the stop was solely “based on race or perceived ethnicity.” Oliva-Ramos, 694 F.3d at 279. Other... Read More

CA9 on Reasonable Suspicion: Perez Cruz v. Barr
Posted on 13 Jun 2019 by Daniel M. Kowalski

Perez Cruz v. Barr "Immigration and Customs Enforcement (ICE) agents implemented a preconceived plan to “target” over 200 factory workers for detention and for interrogation as to their immigration status. The plan turned on obtaining... Read More

Court Rules Montana Sheriff’s Deputy and Judge Violated Rights of Immigrant by Unlawfully Arresting Him: Reynaga Hernandez v. Skinner
Posted on 30 May 2019 by Daniel M. Kowalski

NWIRP, May 29, 2019 "Earlier today, a federal court in Montana ruled that a sheriff’s deputy and a justice of the peace in Billings, Montana, violated the Fourth Amendment when they arrested Miguel Reynaga at a state courthouse in Billings... Read More

CA9 on Egregious 4th Amendment Violation: Sanchez II
Posted on 19 Sep 2018 by Daniel M. Kowalski

Sanchez v. Sessions, Sept. 19, 2018 - "As Judge Pregerson poignantly described in our prior opinion: “This case is about Luis Sanchez, a small boat owner, who took some friends on a fishing trip within United States territorial waters, and... Read More

CA9 on Border Shooting, Bivens, 4th Amendment: Rodriguez v. Swartz
Posted on 7 Aug 2018 by Daniel M. Kowalski

Rodriguez v. Swartz - "A U.S. Border Patrol agent standing on American soil shot and killed a teenage Mexican citizen who was walking down a street in Mexico. We address whether that agent has qualified immunity and whether he can be sued for violating... Read More

CA2 on Egregious 4th Am. Violation: Zuniga-Perez v. Sessions
Posted on 25 Jul 2018 by Daniel M. Kowalski

Zuniga-Perez v. Sessions - "Petitioners Juan Martin Zuniga‐Perez and Elder Hernandez‐Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the ʺBIAʺ) affirming a February 24, 2016, decision of an immigration judge... Read More

Border Exit Laptop Search Tossed: USA v. Kim
Posted on 13 May 2015 by Daniel M. Kowalski

"The government points to its plenary authority to conduct warrantless searches at the border. It posits that a laptop computer is simply a “container” that was examined pursuant to this authority, and it submits that the government’s... Read More

Customs and Border Protection Search Did Not Violate 4th Amendment, 9th Circuit Rules
Posted on 12 Mar 2013 by Mark Rogers

PASADENA, Calif. - (Mealey's) The search of a man's laptop computer by Customs and Border Protection (CBP) officials that occurred 170 miles from the border did not constitute an "extended border search" and did not violate his rights... Read More

ACLU to Greyhound: You Don't Have to Cooperate With CBP
Posted on 29 Mar 2018 by Daniel M. Kowalski

Letter to Greyhound from ACLU, Mar. 21, 2018 - "We write on behalf of the ACLU affiliates in California, Washington, Vermont, New York, New Hampshire, Michigan, Florida, Maine, Texas, and Arizona regarding Greyhound’s practice of permitting... Read More

Report | Assumption Of Risk: Legal Liabilities For Local Governments That Choose To Enforce Federal Immigration Laws
Posted on 8 Mar 2018 by Daniel M. Kowalski

Mar. 7, 2018 - "A joint report by attorneys from NIJC, American Immigration Council, American Immigration Lawyers Association, National Immigration Law Center, and Southern Poverty Law Center, Assumption of Risk: Legal Liabilities for Local Governments... Read More

CA9 on Egregious 4th Amendment Violation: Sanchez v. Sessions
Posted on 30 Aug 2017 by Daniel M. Kowalski

Sanchez v. Sessions, Aug. 30, 2017 - "We grant Sanchez’s Petition for Review. We conclude that the Coast Guard officers committed an egregious Fourth Amendment violation and violated an immigration regulation because they seized Sanchez based... Read More

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment
Posted on 20 Nov 2013 by Daniel M. Kowalski

"A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial... Read More

CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]
Posted on 9 Jan 2013 by Daniel M. Kowalski

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it... Read More

Unpub. BIA 4th Am. Violation Remand: Matter of Espana
Posted on 11 Dec 2014 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth... Read More

Unpub. BIA 4th Amendment Violation Remand: Matter of Espana
Posted on 29 Mar 2015 by Daniel M. Kowalski

Ben Winograd at IRAC writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie... Read More