Immigration Law

Recent Posts

New Jersey Court Directive: Immigration-Related Policies
Posted on 24 May 2019 by Daniel M. Kowalski

Directive #07-19, May 23, 2019 "This directive modifies the Judiciary's policies on the collection of immigration-related data and the protocol for responding to Immigration and Customs Enforcement (ICE) activities at courthouses." Read More

N.J. A.G. Issues Statewide Directive Curtailing State and Local Police Participation in Federal Civil Immigration Enforcement
Posted on 30 Nov 2018 by Daniel M. Kowalski

NJ Attorney General, Nov. 29, 2018 - "Attorney General Gurbir S. Grewal today issued a directive to all state, county and local law enforcement agencies in New Jersey limiting the types of voluntary assistance that their officers may provide to federal... Read More

'Show Me Your Papers' Requirements at NJ Schools Trigger ACLU Lawsuit
Posted on 31 Jul 2018 by Daniel M. Kowalski

ACLU, July 26, 2018 - "The ACLU of New Jersey filed suit against 12 school districts throughout New Jersey, spanning from Camden County in the south to Sussex County at the state’s northern edge. The school districts, scattered throughout 10... Read More

New Jersey Gov. Christie Signs Version of Dream Act Into Law
Posted on 24 Dec 2013 by Daniel M. Kowalski

"Last year, Giancarlo Tello had to drop out of Rutgers University in Newark because he couldn’t afford the out-of-state tuition. This happened even though he lived in New Jersey. The problem was that Tello, 23, is from Peru and was undocumented... Read More

NJ Supreme Court Chief Justice to ICE: Stay Out of Courthouses
Posted on 20 Apr 2017 by Daniel M. Kowalski

Chief Justice Stuart Rabner, Apr. 19, 2017 - "In recent weeks, agents from the Immigration and Customs Enforcement agency arrested two individuals who showed up for court appearances in state court. As Chief Justice of the New Jersey Supreme Court... Read More

Excerpts From the Jan. 15, 2013, Bender's Immigration Bulletin
Posted on 3 Jan 2013 by LexisNexis Immigration Law Community Staff

USCIS Issues Final Rule on Unlawful-Presence Waivers On January 2, Secretary of Homeland Security Napolitano announced the posting of an eagerly anticipated rule for a process that may allow would-be immigrants with accrued unlawful presence to spend... Read More

Judge Blocks Deportation of Indonesians in New Jersey (Pangemanan v. Tsoukaris)
Posted on 5 Feb 2018 by Daniel M. Kowalski

Steph Solis, Asbury Park Press, Feb. 3, 2018 - "Indonesian asylum seekers, family members and supporters rejoiced Saturday morning at the Reformed Church of Highland Park as they absorbed the details of the federal ruling Friday night that halted... Read More

Temp Firm Can't Revive Claims Against H-1B Workers, Citigroup
Posted on 7 May 2015 by Daniel M. Kowalski

From Law360, May 6, 2015 - "A New Jersey appellate court on Wednesday rejected a software services firm's appeals in separate contract suits against foreign workers — including one case also targeting Citigroup Inc. — because the... Read More

State Must Use Residency of Student, not Parents, to Determine Financial Aid Eligibility: New Jersey Court
Posted on 9 Aug 2012 by Daniel M. Kowalski

" The New Jersey Appellate Division today ruled today in favor of a young American citizen denied state financial aid last year based on the immigration status of her mother rather than her own residency. The court’s ruling stated the student... Read More

N.J. Sup. Ct. App. Div. on Padilla - State v. Antuna
Posted on 17 Aug 2016 by Daniel M. Kowalski

State v. Antuna, Aug. 16, 2016 - "Defendant Mariano Antuna appeals from an August 4, 2014 order denying his petition for post-conviction relief (PCR). Defendant argues he received ineffective assistance of counsel because his trial counsel failed... Read More

CA3 on Definition of 'Crime' in INA: Castillo v. Atty. Gen. (Castillo II)
Posted on 3 Sep 2013 by Daniel M. Kowalski

"This immigration matter has already been before this Court once before on a petition for review. Bernardo Castillo previously petitioned for review of a decision of the Board of Immigration Appeals (“BIA”), which dismissed his appeal... Read More

New Jersey Supreme Court on SIJ: H.S.P. v. J.K.
Posted on 26 Aug 2015 by Daniel M. Kowalski

"In this appeal, we examine the role of our state courts in making the predicate findings necessary for a non-citizen child to apply for “special immigrant juvenile” (SIJ) status under the Immigration Act of 1990, as amended by the William... Read More

New Jersey Supreme Court, 5-2, Rules Padilla Not Retroactive: Gaitan & Gouldbourne
Posted on 28 Feb 2012 by Daniel M. Kowalski

Majority nutshell : "We ... conclude that Padilla represents a new constitutional rule of law that, for Sixth Amendment purposes, is not entitled to retroactive application on collateral review under Teague. We cannot say that prior to issuance of... Read More

My Eye-Opening Visit to an Immigration Jail - Careen Shannon
Posted on 13 Nov 2014 by Daniel M. Kowalski

"We had been warned about the awful smell outside the detention center, though we were also told that it probably wouldn’t be too bad on this cool autumn day. I still wasn’t prepared for what hit me. As soon as the detention facility... Read More