Immigration Law

Recent Posts

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

CA4 on CIMT: Martinez v. Sessions
Posted on 16 Jun 2018 by Daniel M. Kowalski

Prof. Maureen Sweeney writes: "Please share this published decision we got today [June 15, 2018] from the 4th Cir. http://www.ca4.uscourts.gov/opinions/171301.P.pdf . It does a great job applying the categorical analysis to hold that Maryland's... Read More

In Harm’s Way: Family Separation, Immigration Enforcement Programs and Security on the US-Mexico Border
Posted on 23 Mar 2015 by Daniel M. Kowalski

"The Consequence Delivery System (CDS) is a suite of border and immigration enforcement programs designed to increase the penalties associated with unauthorized migration in order to convince people not to return (Rosenblum 2013). Despite its inauguration... Read More

Potential GOP Veep Nixes Romney's Immigration Ideas, Forges Own Path
Posted on 15 May 2012 by Daniel M. Kowalski

"Mitt Romney was already facing a hard time within his party when it comes to his stance on illegal immigration. Now, the presumptive GOP nominee faces criticism on the issue from a potential running mate, New Mexico Gov. Susana Martinez (R). In... Read More

The Failure of Prosecutorial Discretion and the Deportation of Oscar Martinez
Posted on 15 Feb 2013 by Daniel M. Kowalski

"This Article is an account of my failed efforts to stop the forced deportation of Oscar Martinez and the lessons I learned from that experience. My representation of Mr. Martinez centered on navigating the administrative process of requesting prosecutorial... Read More

Trump's Refugee Ban, Annotated
Posted on 30 Jan 2017 by Daniel M. Kowalski

30 Jan. 2017 - Here are two annotations, one by Adam Liptak in the New York Times (28 Jan. 2017) and one by Prof. David A. Martin (30 Jan. 2017). Read More

Immigrant Loses Battle Against Bank of America
Posted on 28 Mar 2012 by Daniel M. Kowalski

"In this case of David vs. Goliath, Goliath wins. An undocumented immigrant from Mexico sues Bank of America after he's nearly deported when his bank manager turns him over to authorities. Lawyers for Luis Martinez ask: Do you want your banker... Read More

Trump's Refugee Executive Order a 'Priceless Recruiting Tool for ISIS' - Former INS General Counsel David A. Martin
Posted on 30 Jan 2017 by Daniel M. Kowalski

30 Jan. 2017 - Prof. David A. Martin (please read his full bio ) has annotated President Trump's 27 Jan. 2017 Executive Order. Among other things, Prof. Martin states , "The order is a priceless recruiting tool for ISIS and similar movements... Read More

Immigrant Goes Undercover in Florida Detention Center
Posted on 3 Aug 2012 by Daniel M. Kowalski

"In a Democracy Now! exclusive, undocumented immigrant-rights activist Viridiana Martinez speaks out from a detention center in Pompano Beach, Florida, after being purposely arrested. Martinez is one of a group of "DREAM activists" with... Read More

Tags: Martinez , broward

Georgia Supreme Court on Padilla, Prejudice: State v. Martinez
Posted on 16 Jul 2012 by Daniel M. Kowalski

"Regardless of the prior erroneous advice from plea counsel, the trial court correctly informed Martinez of the immigration consequences of his guilty plea, and he has therefore failed to prove that he was prejudiced by counsel’s deficient... Read More

Two Big Asylum Cases at 4th Circuit This Week
Posted on 29 Oct 2013 by Daniel M. Kowalski

"This week, the U.S. Court of Appeals for the Fourth Circuit, the federal appellate court which sets federal law in Maryland, Virginia, West Virginia and the Carolinas, will hear two cases regarding U.S. asylum law. In Temu v. Holder and Martinez... Read More

Cal. Sup. Ct. on Immigration Advisement in Criminal Cases: People v. Martinez
Posted on 9 Aug 2013 by Daniel M. Kowalski

"[Cal.] Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the offense may... Read More

CA4 on Social Group, Former (MS-13) Gang Membership: Martinez v. Holder
Posted on 23 Jan 2014 by Daniel M. Kowalski

"[W]e conclude that the BIA erred as a matter of law in its interpretation of the phrase “particular social group” by holding that former gang membership is not an immutable characteristic of a particular social group for purposes of... Read More

Unpub. BIA Remand Victory: Using Martinez v. Mukasey
Posted on 6 Oct 2011 by Daniel M. Kowalski

"[I]n Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit reached a different result than that reached by this Board in Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010) (LJ. at 6-7). The... Read More