Immigration Law

Recent Posts

Cyrus Mehta: Federal Courts May Not Have the Last Word in Reviewing Denial of NIW
Posted on 10 Sep 2019 by Daniel M. Kowalski

Cyrus Mehta, Sept. 9, 2019 "Filing lawsuits in federal court to challenge erroneous denials of visa petitions by USCIS have become more frequent. There is more of a shot at a reversal when a federal judge reviews a denial of the USICS. Under the... Read More

BIA on UAC Jurisdiction: Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)
Posted on 17 Oct 2018 by Daniel M. Kowalski

Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018) An Immigration Judge has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied alien child but who turned 18 before filing the application... Read More

BIA Pushes Back Against Pereira: Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)
Posted on 31 Aug 2018 by Daniel M. Kowalski

Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) - A notice to appear that does not specify the time and place of an alien’s initial removal hearing vests an Immigration Judge with jurisdiction over the removal proceedings and meets the requirements... Read More

CA6 on Asylum, Waiver, Jurisdiction: Hussam F. v. Sessions
Posted on 27 Jul 2018 by Daniel M. Kowalski

Hussam F. v. Sessions - "Four years ago, Petitioner came to the United States on a K-1 fiancé visa, using a Syrian passport. Although he was a Syrian citizen, his family had fled Syria decades ago to escape persecution. Petitioner therefore... Read More

Major Suspension Clause Victory at CA3: Osorio-Martinez v. Attorney General
Posted on 19 Jun 2018 by Daniel M. Kowalski

Osorio-Martinez v. Attorney General - "Because we conclude that the INA strips the federal courts of jurisdiction to review Petitioners’ challenge to their expedited removal orders, we must confront a second question, this one of constitutional... Read More

CA9 on Scope of IJ Jurisdiction on Remand: Bermudez-Ariza v. Sessions
Posted on 24 Jun 2018 by Daniel M. Kowalski

Bermudez-Ariza v. Sessions - "This case requires us to address the scope of an Immigration Judge’s (“IJ’s”) jurisdiction on remand from the Board of Immigration Appeals (“BIA”). Javier Bermudez-Ariza applied for... Read More

CA10 on Jurisdiction, REAL ID, Habeas, Suspension Clause, Citizenship, Exhaustion: Gonzalez-Alarcon v. Macias
Posted on 19 Mar 2018 by Daniel M. Kowalski

Gonzalez-Alarcon v. Macias - "Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241 alleging specific facts which, if proven, would demonstrate that he is a United States citizen. He seeks release from custody from Immigration... Read More

BIA on Jurisdiction, Asylum, Reinstatement: Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)
Posted on 27 Apr 2018 by Daniel M. Kowalski

Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018) - (1) The Department of Homeland Security has the authority to file a motion to reconsider in Immigration Court. (2) An applicant in withholding of removal only proceedings who is subject to a reinstated... Read More

Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)
Posted on 17 May 2016 by Daniel M. Kowalski

Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The... Read More

CA11 on Prolonged ICE Detention, Bivens, Jurisdiction: Alvarez v. ICE
Posted on 25 Mar 2016 by Daniel M. Kowalski

Alvarez v. ICE, Mar. 24, 2016 - "Although we hold that § 1252(g) does not bar us from considering the merits of Alvarez’s claim, we also find that no Bivens remedy is available to him, both because the Immigration and Nationality Act sets... Read More

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS
Posted on 23 Sep 2014 by Daniel M. Kowalski

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’... Read More

CA5 on Final Order: Holguin-Mendoza v. Lynch
Posted on 26 Aug 2016 by Daniel M. Kowalski

Holguin-Mendoza v. Lynch, Aug. 25, 2016 - "We find these cases to be persuasive authority and likewise conclude that a BIA decision which resolves the merits of an appeal but remands for further proceedings as to voluntary departure is a final order... Read More

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions
Posted on 1 May 2017 by Daniel M. Kowalski

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution... Read More

Unpub. BIA Bond Jurisdiction Victory: Matter of Cerda Reyes
Posted on 10 Oct 2014 by Daniel M. Kowalski

"The respondent appeals from the Immigration Judge's March 13, 2014, decision determining that she lacked jurisdiction under 8 C.F.R. § 1003.19(c) to consider his request for a change in custody status. ... The instant appeal requires us... Read More

Third Circuit on changed circumstances, jurisdiction: Nbaye
Posted on 21 Nov 2011 by Daniel M. Kowalski

"We have concluded that although we cannot decide the case on the basis that there has been a change in power in Guinea, our precedents and 8 U.S.C. § 1252(b)(4)(A) on the one hand and the seemingly appropriate way to proceed in this matter... Read More