Immigration Law

Recent Posts

Feds Tell 9th Circuit: Detained Kids ‘Safe and Sanitary’ Without Soap
Posted on 21 Jun 2019 by Daniel M. Kowalski

Helen Christophi, Courthouse News, June 18, 2019 "The Trump administration argued in front of a Ninth Circuit panel Tuesday that the government is not required to give soap or toothbrushes to children apprehended at the U.S.-Mexico border and can... Read More

CA9 on SIJ Relief: C.J.L.G. v. Barr (En Banc)
Posted on 3 May 2019 by Daniel M. Kowalski

C.J.L.G. v. Barr "A gang held 14-year-old C.J.L.G. (“CJ”) at gunpoint in his native Honduras and threatened to kill his family after he rejected recruitment attempts. CJ and his mother Maria then fled their homeland and sought asylum... Read More

USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
Posted on 29 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 29, 2019 "USCIS and U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30,... Read More

CA9 on CIMT: Aguirre Barbosa v. Barr
Posted on 28 Mar 2019 by Daniel M. Kowalski

Aguirre Barbosa v. Barr "Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal... Read More

CA9 on Trump's Asylum Ban: East Bay Sanctuary Covenant v. Trump
Posted on 10 Dec 2018 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Trump - "The district court issued a temporary restraining order, finding it likely that, first, the rule of decision itself was inconsistent with existing United States law providing that aliens may apply for asylum... Read More

CA9 on False Claim, Form I-9: Diaz-Jimenez v. Sessions
Posted on 31 Aug 2018 by Daniel M. Kowalski

Diaz-Jimenez v. Sessions - "There is nothing in the record showing that Diaz ever filled out a Form I–9. There is therefore nothing in the record to show that he made a false representation of citizenship under § 1324a(b)(2), and that... Read More

CA9 on Asylum, Withholding, CAT, El Salvador, FMLN, Mara Salvatrucha: Quiroz Parada v. Sessions
Posted on 30 Aug 2018 by Daniel M. Kowalski

Quiroz Parada v. Sessions - "Moris Alfredo Quiroz Parada fled his native El Salvador in 1991 at the age of seventeen after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí... Read More

CA9 on Taylor, Divisibility, Modified Categorical Approach: Lorenzo v. Sessions
Posted on 30 Aug 2018 by Daniel M. Kowalski

Lorenzo v. Sessions - "This case raises a novel yet straightforward question in our application of Taylor v. United States, 495 U.S. 575 (1990): whether the Taylor analysis must be performed twice if a state statute contains two layers of disjunctive... Read More

CA9 on Stop-Time Rule: Nguyen v. Sessions
Posted on 24 Aug 2018 by Daniel M. Kowalski

Nguyen v. Sessions - "Vu Minh Nguyen, a citizen of Vietnam, immigrated to the United States as a lawful permanent resident in the year 2000, when he was eighteen years old. Fifteen years later, he was placed in removal proceedings and charged with... Read More

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 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 Says Federal Immigration Law Preempts Arizona's Attempt to Deny DLs to DACA Recipients: ADAC v. Brewer
Posted on 6 Apr 2016 by Daniel M. Kowalski

ADAC v. Brewer, Apr. 5, 2016 - "In sum, we find that DACA recipients are similarly situated in all relevant respects to other noncitizens eligible for drivers’ licenses under Arizona’s policy. And Arizona’s refusal to rely on EADs... Read More