Immigration Law

Recent Posts

CA4 (2-1) on Jurisdiction, Standard of Review, Equitable Tolling: Williams v. Garland
Posted on 16 Nov 2022 by Daniel M. Kowalski

Williams v. Garland - Petition for review granted, vacated, and remanded by published opinion. Senior Judge Floyd wrote the opinion in which Senior Judge Motz joined. Judge Rushing wrote a separate dissenting opinion. "In 2006, the Department of... Read More

Hon. Jeffrey S. Chase: The Fourth Circuit on Jurisdiction
Posted on 16 Aug 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Aug. 16, 2022 "On June 30, the U.S. Court of Appeals for the Fourth Circuit issued a decision that might not have received the attention it deserved. The end result of the court’s published decision in Herrera-Alcala... Read More

CA9, En Banc: Bastide-Hernandez II (Immigration Court Subject Matter Jurisdiction)
Posted on 11 Jul 2022 by Daniel M. Kowalski

Bastide-Hernandez II "The United States appeals from the district court’s dismissal of an indictment charging Juan Carlos Bastide-Hernandez with illegal reentry after removal, in violation of 8 U.S.C. § 1326. According to the district... Read More

Ethical Dimensions of Patel v. Garland
Posted on 1 Jun 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, May 31, 2022 "On May 16, 2022, the Supreme Court issued its decision in Patel v. Garland , a decision that has devastating implications for the reviewability of U.S. Citizenship and Immigration Services’ (“USCIS”... Read More

Judge Slaps Down USCIS Motion to Dismiss: Zamana v. Renaud
Posted on 14 Apr 2022 by Daniel M. Kowalski

Zamana v. Renaud "On February 23, 2021, Plaintiff brought this suit under the Administrative Procedure Act alleging that the agency’s decision to revoke Zamana’s petition was “arbitrary, capricious, an abuse of discretion, or... Read More

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