Immigration Law

Recent Posts

Experts Comment in Advance of Supreme Court Oral Argument
Posted on 11 Jan 2022 by Daniel M. Kowalski

Jan. 11, 2022 - Today the Supreme Court will hold oral arguments in two immigration cases. Two expert comment: Prof. Shalini Ray - "The Supreme Court will hear oral arguments on Tuesday in two related immigration cases , Johnson v. Arteaga-Martinez... Read More

Patel v. Garland SC Oral Arg. Analysis: Prof. Shoba Sivaprasad Wadhia
Posted on 9 Dec 2021 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia, Dec. 7, 2021 "The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary... Read More

BIA on Nexus, Jurisdiction, Voluntary Departure: Matter of M-F-O-
Posted on 4 Nov 2021 by Daniel M. Kowalski

Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021) - A notice to appear that does not specify the time or place of a respondent’s initial removal hearing does not end the accrual of physical presence for purposes of voluntary departure at the conclusion... Read More

CA1 on El Salvador, Gang Membership, Jurisdiction, Hardship, Evidence: Perez-Trujillo v. Garland
Posted on 28 Jun 2021 by Daniel M. Kowalski

Perez-Trujillo v. Garland "At issue are Nestor Perez-Trujillo's petitions for review of two decisions by the Board of Immigration Appeals ("BIA"): its 2011 ruling affirming the denial of his application for asylum, withholding of... Read More

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