Immigration Law

Recent Posts

CA9 on Fourth Amendment: Reynaga Hernandez v. Skinner
Posted on 11 Aug 2020 by Daniel M. Kowalski

Reynaga Hernandez v. Skinner "In late 2017, a witness in a courtroom in Billings, Montana, testified that one of the other witnesses, Miguel Reynaga Hernandez (“Reynaga”), was “not a legal citizen.” On the basis of this... Read More

CA2 on Suppression: Millan-Hernandez v. Barr
Posted on 13 Jul 2020 by Daniel M. Kowalski

Millan-Hernandez v. Barr "Maria Cared Millan-Hernandez petitions for review of a 2018 Board of Immigration Appeals decision dismissing her appeal of an Immigration Judge’s denial, without an evidentiary hearing, of her motion to suppress... Read More

ICE Sued Over Deceptive Arrest Tactics
Posted on 20 Apr 2020 by Daniel M. Kowalski

ACLU, Apr. 16, 2020 "The “police” officers at the door look the part: flak jackets, tactical gear, guns, and the word POLICE emblazoned on their outfits. They even announce they are “the police.” But they are not the police... Read More

Egregious 4th Amendment Violation: Rodriguez v. Barr
Posted on 22 Nov 2019 by Daniel M. Kowalski

Rodriguez v. Barr "One can reasonably infer from the agents’ preparation of an unreliable report at the time of the arrest, which would ultimately be used against Rodriguez, that the arrest was premised on an impermissible basis. And, given... Read More

Judge Says Feds Need Reasons for Border Tech Searches
Posted on 13 Nov 2019 by Daniel M. Kowalski

Zack Huffman, CNS, Nov. 12, 2019 "A federal judge in Boston ruled Tuesday that the government’s suspicionless searches of international travelers’ smartphones and laptops at border ports of entry and airports violate the Fourth Amendment... Read More

Partial Victory for Illegally Detained US Citizen: Hernandez v. US
Posted on 18 Sep 2019 by Daniel M. Kowalski

Hernandez v. US "In defending this appeal, the Government and the City point fingers at each other. The Government argues that the City was responsible for Hernandezʹs confinement and the City argues that it continued to detain Hernandez only because... Read More

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

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

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