Immigration Law

Recent Posts

Massive APA Victory at CA11 for Ira Kurzban!
Posted on 9 Jul 2020 by Daniel M. Kowalski

Canal A Media v. USCIS "Plaintiffs Canal A Media Holding, LLC (“Canal A Media”) and Erick Archila appeal the District Court’s dismissal of their amended complaint for lack of subject-matter jurisdiction. They seek to challenge... Read More

Court Finds Habeas Jurisdiction for Detained SIJ: Joshua M. v. Barr
Posted on 20 Feb 2020 by Daniel M. Kowalski

Joshua M. v. Barr "Petitioner Joshua M., a native of Honduras to whom the United States has granted Special Immigrant Juvenile status, has filed a 28 U.S.C. § 2241 habeas petition challenging his removal order and pending deportation. His... Read More

CA3 on MPP: E.O.H.C. v. DHS
Posted on 13 Feb 2020 by Daniel M. Kowalski

E.O.H.C. v. DHS "This case raises the age-old question: “If not now, when?” Mishnah, Pirkei Avot 1:14. For aliens who are challenging their removal from the United States, the answer is usually “later.” But not always. And... Read More

CA3 on Jurisdiction, Collateral Attack, Ineffective Assistance: US v. Dohou
Posted on 28 Jan 2020 by Daniel M. Kowalski

US v. Dohou "We hold that a removal order that was never in fact reviewed by an Article III judge remains subject to collateral attack in a hindering-removal prosecution based on that order. The Immigration and Nationality Act authorizes such collateral... Read More

CA10 on Jurisdiction
Posted on 17 Jan 2020 by Daniel M. Kowalski

Martinez-Perez v. Barr "We now turn to Petitioner’s second argument: that “the B[IA] erred when it [found] . . . that it lacked ‘jurisdiction’ to consider [Petitioner] as having a qualifying relative for cancellation”... Read More

BIA on Jurisdiction, Pereira: Matter of Rosales Vargas and Rosales Rosales, 27 I&N Dec. 745 (BIA 2020)
Posted on 10 Jan 2020 by Daniel M. Kowalski

Matter of Rosales Vargas and Rosales Rosales, 27 I&N Dec. 745 (BIA 2020) A notice to appear that does not include the address of the Immigration Court where the Department of Homeland Security will file the charging document, see 8 C.F.R. §... Read More

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