Immigration Law

Recent Posts

CA9 on ICE, Bond, Habeas: Bello-Reyes v. Gaynor
Posted on 14 Jan 2021 by Daniel M. Kowalski

Bello-Reyes v. Gaynor "This case requires us to consider whether the Supreme Court’s recent decision in Nieves v. Bartlett, 139 S. Ct. 1715 (2019), applies to a noncitizen’s claim that Immigration and Customs Enforcement (“ICE”... Read More

Tags: bond , ICE , habeas

Ongoing Litigation Over Migrants' Release Amid COVID-19
Posted on 29 Apr 2020 by Daniel M. Kowalski

Kim Langona, Apr. 27, 2020 - A detailed description of federal court litigation in all states and DC, updated as of 4-27-20. Read More

Habeas Petition Filed in Colorado: Codner v. Choate
Posted on 14 Apr 2020 by Daniel M. Kowalski

RMIAN, Arnold & Porter, NIPNLG, Apr. 14, 2020 " Medically-Vulnerable Immigrants Detained by ICE in Aurora, Colorado Seek Immediate Release Amidst Coronavirus Pandemic Detained Individuals File Urgent Petition for Release from Detention Center... Read More

COVID-19 Habeas Victory in NY/NJ: Basank v. Decker
Posted on 27 Mar 2020 by Daniel M. Kowalski

Josh Gerstein, Politico, Mar. 26, 2020 "A federal judge in New York City has ordered the immediate release from detention of 10 immigrants whose attorneys said they were at increased risk of illness from coronavirus due to underlying health conditions... Read More

"ICE...Must Obey The Law"
Posted on 26 Dec 2019 by Daniel M. Kowalski

Steph Solis, MassLive, Dec. 25, 2019 - In Boston immigration lawsuit, Cambodian father of 5 reunites with family for Christmas and judge issues stern reminder to ICE "A federal judge has not officially ruled on alleged human rights violations against... Read More

Tags: ICE , habeas

Habeas Victory in SDNY: Martinez v. McAleenan
Posted on 17 Jun 2019 by Daniel M. Kowalski

Martinez v. McAleenan "Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S. since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and Customs Enforcement ("ICE"... Read More

CA2 on Habeas, Suspension Clause, Free Speech - Ragbir v. Homan
Posted on 25 Apr 2019 by Daniel M. Kowalski

Ragbir v. Homan "Ravidath Ragbir, an alien subject to a final order of removal, together with several immigration‐policy advocacy organizations, appeals from an interlocutory order of the United States District Court for the Southern District of... Read More

Class Action Certified in Cambodian Detention Suit: Chhoeun v. Marin
Posted on 16 Aug 2018 by Daniel M. Kowalski

Chhoeun v. Marin - "This action challenges the Government’s policy of arbitrarily rounding up and placing in immigration detention individuals who have been living peaceably in our communities for years.1 Petitioners Nak Kim Chhoeun and Mony... Read More

Habeas Victory in New Jersey: Martinez v. Nielsen
Posted on 8 Aug 2018 by Daniel M. Kowalski

Martinez v. Nielsen - "Mr. and Ms. Martinez began the provisional waiver process in 2016. USCIS scheduled them for an interview on their I-130 application to confirm the bona fides of their marriage. On April 27, 2018, together with their lawyer... Read More

Tags: Martinez , USCIS , ICE , habeas

Habeas Petition Challenges Trump's Violation of Repatriation Agreement with Vietnam (Trinh v. Homan)
Posted on 3 Mar 2018 by Daniel M. Kowalski

Samantha Schmidt, Washington Post, Mar. 1, 2018 - "Hoang Trinh’s family arrived in the United States when he was 4 years old, fleeing postwar communist Vietnam in 1980. Trinh became a legal U.S. resident, married and raised two American children... Read More

Expert: Rabgir Habeas Writ 'Groundbreaking'
Posted on 30 Jan 2018 by Daniel M. Kowalski

Liz Robbins, New York Times, Jan. 29, 2018 - "In an impassioned rebuke of the Trump administration’s immigration practices, a Federal District Court judge in Manhattan Monday ordered the immediate release of the immigrant rights activist Ravi... Read More

Florida Judge Shoots Down Miami-Dade ICE Detainer Detention Policy: Lacroix v. Junior
Posted on 3 Mar 2017 by Daniel M. Kowalski

David Ovalle, Miami Herald, Mar. 3, 2017 - "Miami-Dade County – faced with threats by President Trump to cut off federal funding – violated the U.S. Constitution when it agreed to jail people slated for deportation, a judge ruled on Friday... Read More

DACAmented Youth in Seattle Arrested by ICE, Files Habeas Petition (Updated Feb. 15, 2017)
Posted on 15 Feb 2017 by Daniel M. Kowalski

Daniel Levine and Kristina Cooke, Reuters, Feb. 14, 2017 - "U.S. authorities have arrested an immigrant from Mexico who was brought to the United States illegally as a child and later given a work permit during the Obama administration in what could... Read More

Habeas Victory in MN: Nhean v. Brott
Posted on 10 Aug 2017 by Daniel M. Kowalski

ACLU, Aug. 8, 2017 - "After years of being in jeopardy of deportation and spending a total of 484 days in jail, Sameth Nhean has finally been released from custody by a federal judge . The American Civil Liberties Union of Minnesota and his immigration... Read More

Four New Habeas 236(c) 'When...Released' Victories!
Posted on 9 Jun 2015 by Daniel M. Kowalski

In the space of two days, the feds (ICE) take a beating in four cases, three out of the SDNY and one out of the MDPA. Hats off to Christopher J. Cassar, Paul B. Grotas, Craig R. Shagin, Nancy Morawetz and Ruben Loyo! Enjoy... - Antoniou v. Shanahan... Read More