Immigration Law

Recent Posts

NY Gov. Cuomo Signs 'Green Light' Bill (S1747B)
Posted on 18 Jun 2019 by Daniel M. Kowalski

Denis Slattery, NY Daily News, June 17, 2019 "Undocumented immigrants will have access to driver’s licenses under a law green-lighted by the Legislature on Monday and signed by Gov. Cuomo hours after he’d tried to tap the brakes on... Read More

Presiding Under Pressure
Posted on 21 May 2019 by Daniel M. Kowalski

Beth Fertig, WNYC, May 21, 2019 "Meet the new judges working in New York City's immigration court under the Trump administration's higher caseload demands and stricter asylum rules." Read More

Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)
Posted on 3 May 2019 by Daniel M. Kowalski

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must... Read More

NY Bars ICE Arrests in State Courthouses: Directive (Apr. 17, 2019)
Posted on 20 Apr 2019 by Daniel M. Kowalski

Mallory Moench, Times Union, Apr. 18, 2019 "ICE can no longer arrest undocumented immigrants inside New York courthouses unless they have a warrant signed by a judge. The New York State Office of Court Administration (OCA) signed its new rule change... Read More

ICE Attorneys in Manhattan Use Video to 'Appear' in Immigration Court 20 Blocks Away
Posted on 19 Apr 2019 by Daniel M. Kowalski

Beth Fertig, WNYC, Apr. 18, 2019 "The trip from Federal Plaza to the intersection of Varick and Houston Streets can be done in less than 30 minutes when walking west and taking the uptown 1 train. But for the government’s immigration trial... Read More

Jeffrey S. Chase on R.F.M. v. Nielsen
Posted on 19 Mar 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 19, 2019 "This past Friday, the Department of Homeland Security’s random policy change deeming youths between the ages of 18 and 20 years old ineligible for special immigration protection ran into a brick wall in the... Read More

The "Guerrilla Habeas Team" Combating ICE in New York
Posted on 6 Mar 2019 by Daniel M. Kowalski

Alice Speri, The Intercept, Mar. 5, 2019 "...In New York, as across the country, Trump’s war on immigrants had manifested in an escalation of detention and deportation of undocumented immigrants who had lived in the country sometimes for... Read More

Report: False “Gang Allegations” Deny NY Teens’ Access to Immigration Status and Bond Services
Posted on 19 Feb 2019 by Daniel M. Kowalski

NYIC Feb. 13, 2019 "The New York Civil Liberties Union and the New York Immigration Coalition released a new report today documenting how allegations of gang membership, no matter how vague or flimsy, can lead to the denial of immigration relief... Read More

N.Y. Court of Appeals on Petty Offense, Jury Trial, Immigration Consequences: People v. Suazo
Posted on 28 Nov 2018 by Daniel M. Kowalski

People v. Suazo - "The Sixth Amendment of the United States Constitution guarantees that a defendant will be judged by a jury of peers if charged with a serious crime. Today, as a matter of first impression, we hold that a noncitizen defendant who... Read More

ICE Detainer Litigation Victory in NY: People v. DeMarco
Posted on 15 Nov 2018 by Daniel M. Kowalski

ACLU, Nov. 14, 2018 - "A state appeals court in Brooklyn ruled today definitively, and for the first time, that it is illegal under state law for local law enforcement agencies in New York to make immigration arrests at the request of federal immigration... Read More

Tags: New York , ACLU , detainers , ICE

NY City Bar Issues Recommendations in Response to ICE Arrests in New York State Courthouses
Posted on 18 Jul 2018 by Daniel M. Kowalski

NYCB, July 11, 2018 - "Calling the increasing number of Immigration and Customs Enforcement (ICE) civil arrests in and around New York State courthouses “a threat to the New York State court system’s ability to ensure access to justice... Read More

NY Atty. Gen. Post Legal Tools To Protect Immigrant Communities in Anticipation of Trump Crackdown
Posted on 20 Jan 2017 by Daniel M. Kowalski

New York Attorney General Eric T. Schneiderman, Jan. 19, 2017 - "Anticipating potential changes in federal immigration enforcement practices and priorities, Attorney General Eric T. Schneiderman today provided local governments and law enforcement... Read More

USCIS NYC Office May Speed Process for Refugee Kids
Posted on 30 Oct 2015 by Daniel M. Kowalski

Casey Tolan, Fusion, Oct. 29, 2015 - "U.S. immigration officials in New York are streamlining the application process for hundreds of unaccompanied Central American minors who are still waiting for approval to stay in the country. Now, kids applying... Read More

Cesar Vargas, DACAmented Lawyer
Posted on 4 Jun 2015 by Daniel M. Kowalski

Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York - 2015 NY Slip Op 04657 - Decided on June 3, 2015 - Appellate Division, Second Department : "We are called upon to determine whether an undocumented immigrant... Read More

NY Attorney General Shuts Down Unlicensed Visa Consultant
Posted on 11 Sep 2015 by Daniel M. Kowalski

NYAG, Sept. 8, 2015 - "Attorney General Eric T. Schneiderman announced today that his office reached an agreement with Entertainment Visa Consultant Company (EVC) and its CEO, David King. This agreement will resolve the Attorney General’s investigation... Read More