Immigration Law

Recent Posts

CA4 on CIMT: Ramirez v. Sessions
Posted on 18 Apr 2018 by Daniel M. Kowalski

Ramirez v. Sessions - "Jose Ramirez seeks review of the decision of the Board of Immigration Appeals (BIA) finding him ineligible for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Specifically... Read More

ICE Military-Style Warrantless Home Invasion Triggers ACLU Lawsuit
Posted on 1 Mar 2018 by Daniel M. Kowalski

ACLU Utah, Feb. 27, 2018 - "On Tuesday, February 27, 2018, the ACLU of Utah Foundation, Inc. announced a new lawsuit filed against United States Immigration and Customs Enforcement (ICE) and U.S Marshals over two SWAT-style, home raids on a Utah... Read More

Tags: raid , ACLU , reddish , swat , lawsuit , Utah , Ramirez , ICE

SEC Halts Texas-Based Scheme Targeting Foreign Investors Seeking U.S. Residency Through EB-5 Visa Program
Posted on 5 Oct 2013 by Daniel M. Kowalski

"The Securities and Exchange Commission today announced fraud charges against a husband and wife in Texas for stealing funds from foreign investors under the guise of an investment opportunity to create U.S. jobs and a path to U.S. residency. ... Read More

Tags: eb-5 , Fraud , SEC , Ramirez , Texas , usa now

Secular Pacifist Denied Citizenship by San Diego USCIS
Posted on 28 Feb 2014 by Daniel M. Kowalski

"A California resident applying for U.S. citizenship has had her application denied because immigration officials did not accept as valid a conscientious objector, declaration to “bear arms” in defense of the U.S. because it is secular... Read More

New Mexico Supreme Court on Chaidez: Ramirez v. State
Posted on 20 Jun 2014 by Daniel M. Kowalski

"In State v. Paredez, 2004-NMSC-036, ¶ 19, 136 N.M. 533, 101 P.3d 799, we held that a criminal defense attorney who represents a noncitizen client “must advise that client of the specific immigration consequences of pleading guilty”... Read More

Strickland/Padilla Victory in Texas: Ex Parte Ramirez
Posted on 9 Aug 2012 by Daniel M. Kowalski

Another Strickland/Padilla victory (unpub.) from attorney Steve Spurgin in Marfa, Texas: Ex Parte Ramirez, Aug. 1. 2012 . Read More

N.M. Court Tosses Old Pot Conviction Due To Ineffective Assistance of Counsel
Posted on 13 Oct 2014 by Daniel M. Kowalski

"The order was short, but for Martin Ramirez, very sweet. After years of litigation that took his case to the New Mexico Supreme Court, the misdemeanor convictions he acquired over a decade ago – and which made his efforts to become a legal... Read More

NM SUPREME COURT: PADILLA APPLIES RETROACTIVELY
Posted on 25 Jun 2014 by Daniel M. Kowalski

"In an important decision, the New Mexico Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010), applies retroactively to 1990. Ramirez v. State , No. 33,604, slip op. (N.M. June 19, 2014). The court’s decision departs from the... Read More

BIA (unpub.) and DHS on 'Particularly Serious Crime,' Solicitation
Posted on 11 Jun 2013 by Daniel M. Kowalski

"LAMBDA LEGAL NEWS RELEASE, June 5, 2013 Contact Tom Warnke: T: 213-382-7600 x 247 C: 213-841-4503 ; twarnke@lambdalegal.org ==================================================== Immigration Court Rules in Favor of HIV-Positive Man Facing Deportation... Read More

New Mexico Court of Appeals on Padilla Retroactivity: State v. Ramirez
Posted on 31 Jul 2012 by Daniel M. Kowalski

"Martin Ramirez, a/k/a Richard Sanchez, (Petitioner) appeals the district court's denial of his writ of coram nobis, which sought to vacate Petitioner's twelve-year-old conviction due to ineffective assistance of counsel under State v. Paredez... Read More

TPS = Admission for AOS Purposes: Ramirez v. Dougherty
Posted on 6 Jun 2014 by Daniel M. Kowalski

"The only issue for the Court is whether Mr. Ramirez was “inspected and admitted,” and therefore eligible to adjust his status. The determination hinges on the interplay between the adjustment of status statute, § 1255(a), and a... Read More

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch
Posted on 20 Jan 2016 by Daniel M. Kowalski

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a... Read More