Immigration Law

Recent Posts

CA4, En Banc, on Bivens for Border Killing: Hernandez v. Mesa
Posted on 21 Mar 2018 by Daniel M. Kowalski

Hernandez v. Mesa, Mar. 20, 2018 Majority : "Here, extending Bivens would interfere with the political branches’ oversight of national security and foreign affairs. ... the district court’s judgment of dismissal is AFFIRMED."... Read More

Judge Prado's Swan Song? (Hernandez v. Mesa Dissent)
Posted on 26 Mar 2018 by Daniel M. Kowalski

Paul W. Schmidt writes : "Judge Edward C. Prado is nor just “any” U.S. Circuit Judge. Among other things in his long and distinguished career, Judge Prado was the U.S. Attorney for the Western District of Texas during the Reagan Administration... Read More

Preview of Today's Sup. Ct. Oral Argument in Hernández v. Mesa
Posted on 21 Feb 2017 by Daniel M. Kowalski

Edith Roberts, SCOTUSblog, Feb. 21, 2017 - "Today the court returns from its February break to hear oral argument in ... Hernández v. Mesa , a case that stems from the cross-border shooting of a Mexican teenager by a U.S. Border Patrol agent... 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

AAO 212(h) CIMT Victory: Matter of A-A-N-V-
Posted on 7 Sep 2016 by Daniel M. Kowalski

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§... Read More

Supreme Court Grants Cert. in Hernández v. Mesa
Posted on 13 Oct 2016 by Daniel M. Kowalski

15-118 HERNANDEZ V. MESA DECISION BELOW: 785 F.3d 117 LOWER COURT CASE NUMBER: 12-50217 QUESTION PRESENTED: In Boumediene v. Bush, this Court held that the Constitution's extraterritorial application "turn[s] on objective factors and... Read More

CA9 Affirms Hernandez v. Sessions Class Action Injunction (Unreasonable Immigration Bonds)
Posted on 2 Oct 2017 by Daniel M. Kowalski

Hernandez v. Sessions, Oct. 2, 2017 - "In the present case, the government appeals from the district court’s order entering a class-wide preliminary injunction in favor of Plaintiffs, a class of non-citizens in removal proceedings who are detained... 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

Unpub. BIA on CIMT, Arson: Matter of Hernandez-Hernandez
Posted on 2 Jul 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators... Read More

Unpub. BIA Termination (Interlocutory Appeal!) Victory - Matter of Hernandez
Posted on 2 Aug 2015 by Daniel M. Kowalski

"We will entertain this appeal and vacate the Immigration Judge's order insofar as that order denied the parties' joint motion to terminate the proceedings. The Immigration Judge correctly stated that he is required to adjudicate a motion... Read More

BIA on CIMT, Gang-Related Grafitti: Matter of Hernandez
Posted on 12 Sep 2014 by Daniel M. Kowalski

Official Headnote: Malicious vandalism in violation of section 594(a) of the California Penal Code with a gang enhancement under section 186.22(d) of the California Penal Code, which requires that the underlying offense be committed for the benefit of... Read More

CA5 on CIMTs - Mercado v. Lynch; Hernandez v. Lynch (Matter of Hernandez vacated)
Posted on 5 May 2016 by Daniel M. Kowalski

Mercado v. Lynch, May 4, 2016 - "Petitioner Jesus Cardoso Mercado was ordered removed from the United States pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) after the Board of Immigration Appeals (“BIA”) found that his convictions for indecent... Read More

CA2 on Physical Presence: Hernandez v. Holder
Posted on 25 Nov 2013 by Daniel M. Kowalski

"As the government concedes, the IJ made no adverse credibility determination in this case. Without such a finding, this Court assumes that Hernandez’s testimony is credible. See 8 U.S.C. § 1229a(c)(4)(C) (“[I]f no adverse credibility... Read More

Class Action Challenges DOJ/DHS Bond Policies in Immigration Court Cases: Hernandez v. Lynch
Posted on 8 Apr 2016 by Daniel M. Kowalski

ACLU, Apr. 6, 2016 - "The federal government sets unreasonable bonds for detained immigrants, including asylum seekers, by failing to consider immigrants’ financial resources or ability to pay, according to a class action lawsuit filed today... Read More