Immigration Law

Recent Posts

CA9 on CIMT: Vasquez-Valle v. Sessions
Posted on 14 Aug 2018 by Daniel M. Kowalski

Vasquez-Valle v. Sessions - "Orlando Vasquez-Valle (“Vasquez-Valle”) is a native and citizen of Mexico. He was convicted of witness tampering in violation of Oregon Revised Statutes § 162.285 and was referred for immigration proceedings... Read More

CA9 on Border Shooting, Bivens, 4th Amendment: Rodriguez v. Swartz
Posted on 7 Aug 2018 by Daniel M. Kowalski

Rodriguez v. Swartz - "A U.S. Border Patrol agent standing on American soil shot and killed a teenage Mexican citizen who was walking down a street in Mexico. We address whether that agent has qualified immunity and whether he can be sued for violating... Read More

CA9 on 'Crime of Child Abuse' - Alvarez-Cerriteno v. Sessions
Posted on 8 Aug 2018 by Daniel M. Kowalski

Alvarez-Cerriteno v. Sessions - "Today we must determine whether Nevada’s child neglect statute is broader—that is, makes criminal more conduct—than does the federal Immigration and Nationality Act’s (“INA”) generic... Read More

CA9 on China, Asylum, Religious Persecution: Guo v. Sessions
Posted on 31 Jul 2018 by Daniel M. Kowalski

Guo v. Sessions - "Petitioner Zhihui Guo is a Chinese citizen who entered the United States in 2010 on a student visa and stayed beyond its duration. He seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims... Read More

CA9 on Arizona ID Theft Laws, Preemption: Puente Arizona v. Arpaio
Posted on 2 May 2016 by Daniel M. Kowalski

Puente Arizona v. Arpaio, May 2, 2016 - "An immigrant advocacy organization, Puente Arizona, along with individual unauthorized aliens and taxpayers of Maricopa County (collectively “Puente”), challenge provisions of Arizona’s identity... Read More

Ninth Circuit Upholds Injunction Against Sheriff Joe Arpaio, Profiling: Melendres II
Posted on 15 Apr 2015 by Daniel M. Kowalski

"The panel affirmed in part and vacated in part the district court’s permanent injunction and remanded in an action against Sheriff Joseph M. Arpaio and the Maricopa County Sheriff’s Office alleging that defendants have a custom, policy... Read More

CA9 Remands Valenzuela Gallardo
Posted on 31 Mar 2016 by Daniel M. Kowalski

Valenzuela Gallardo v. Lynch, Mar. 31, 2016 - "Augustin Valenzuela Gallardo, a citizen of Mexico, pleaded guilty to violating California Penal Code § 32, accessory to a felony. An immigration judge (IJ) ordered him removed to Mexico, concluding... Read More

Ninth Circuit Travel Ban Order May...Or May Not...Go En Banc (Feb. 10, 2017)
Posted on 11 Feb 2017 by Daniel M. Kowalski

Ninth Circuit, Feb. 10, 2017 - "A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017 , should be reconsidered en banc. A sua sponte en banc call... Read More

Breaking: Flores Settlement Interpreted by Ninth Circuit
Posted on 6 Jul 2016 by Daniel M. Kowalski

Flores v. Lynch, July 6, 2016 - "Although the issues underlying this appeal touch on matters of national importance, our task is straightforward — we must interpret the Settlement. Applying familiar principles of contract interpretation, we... Read More

See Up-To-The-Minute Case Developments: Wa. & Minn. v. Trump (CA9 - Updated)
Posted on 6 Feb 2017 by Daniel M. Kowalski

The Ninth Circuit has a dedicated web page for this case. Here are the latest filings: 02/06/2017 Link to oral argument live stream 02/06/2017 Order clarifying live streaming oral argument 02/06/2017 Order re live... Read More

Supreme Court, 5-4, Reverses CA9: Kerry v. Din
Posted on 15 Jun 2015 by Daniel M. Kowalski

"Because Fauzia Din was not deprived of “life, liberty, or property” when the Government denied Kanishka Berashk admission to the United States, there is no process due to her under the Constitution. To the extent that she received any... Read More

CA9 Says INA Sec. 101(f)(1) Unconstitutional - Ledezma-Cosino v. Lynch
Posted on 24 Mar 2016 by Daniel M. Kowalski

Ledezma-Cosino v. Lynch, Mar. 24, 2016 - "We hold that, under the Equal Protection Clause, a person’s medical disability lacks any rational relation to his classification as a person with bad moral character, and that § 1101(f)(1) is therefore... Read More

CA9 Stays En Banc Review of Wa. & Minn. v. Trump (Feb. 16, 2017)
Posted on 17 Feb 2017 by Daniel M. Kowalski

"The United States has represented to the Court that the President intends to issue a new Executive Order and has urged the Court to “hold its consideration of the case until the President issues the new Order.” The United States has... Read More

Ninth Circuit Panel Urges Feds to Work with Lawyers for Refugee Kids
Posted on 9 Jul 2016 by Daniel M. Kowalski

David Rogers, Politico, July 7, 2016 - "Unhappy with the choices before them, a three-judge federal appeals court panel urged the Justice Department and migrant-rights lawyers to work together more to try to reach some resolution on the question... Read More

CA9 Keeps Travel Ban TRO In Place; Trump Stay Request Denied (Feb. 9, 2017)
Posted on 9 Feb 2017 by Daniel M. Kowalski

"At issue in this emergency proceeding is Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” which, among other changes to immigration policies and procedures, bans for 90 days the entry... Read More