Immigration Law

Recent Posts

A Primer on the DACA Rescission
Posted on 5 Oct 2017 by Daniel M. Kowalski

Adam Cox, Marty Lederman and Cristina Rodriguez, Oct. 5, 2017 - "One month ago, on September 5, the Acting Secretary of Homeland Security, Elaine Duke, rescinded a June 2012 memorandum issued by her predecessor, Secretary Janet Napolitano, which... Read More

10 Shots Across the Border
Posted on 7 Mar 2016 by Daniel M. Kowalski

Mark Binelli, New York Times Magazine, Mar. 3, 2016 - "The subject who was hit was ... a 16-year-old resident of Nogales, Mexico, named José Antonio Elena Rodríguez, who was on the Mexican side of the border. He had been shot 10 times... Read More

USCIS Chief Takes Responsibility For Injunction Violation: Law360
Posted on 19 May 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, May 18, 2015 - " The director of U.S. Citizenship and Immigration Services said on Friday that he accepted responsibility for about 2,000 expanded work permits going out in violation of a court injunction on two of the president's... Read More

The Immigration Consequences of Expunged Convictions: Rodriguez v. Tenn.
Posted on 8 Apr 2014 by Daniel M. Kowalski

"The petitioner, a Mexican citizen, entered a guilty plea to the misdemeanor charge of patronizing prostitution and was granted judicial diversion. After successfully completing his diversion, the petitioner’s criminal record was expunged.... Read More

BIA Finally Caves on 212(h); E.W. Rodriguez, Koljenovic Withdrawn: Matter of J-H-J-
Posted on 12 May 2015 by Daniel M. Kowalski

Official Headnote : An alien who adjusted status in the United States, and who has not entered as a lawful permanent resident, is not barred from establishing eligibility for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality... Read More

Immigration Detainees Win Right to Fair Hearing
Posted on 17 Apr 2013 by Daniel M. Kowalski

" Today the U.S. Court of Appeals for the Ninth Circuit issued a landmark ruling that curtails one of the most wasteful and draconian features of our immigration lock-up system: the government's practice of putting immigration detainees behind... Read More

Matter of E. W. RODRIGUEZ, ID 3749, 25 I&N Dec. 784 (BIA 2012)
Posted on 2 May 2012 by Daniel M. Kowalski

Matter of E. W. RODRIGUEZ, ID 3749, 25 I&N Dec. 784 (BIA 2012) - (1) In removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies... Read More

Tags: 3749 , Rodriguez , 212(h)

CA5 on Crime of Violence: Rodriguez v. Holder
Posted on 17 Jan 2013 by Daniel M. Kowalski

"[T]he issue before this court is whether a conviction under section 22.011(a)(1) of the Texas Penal Code is categorically a crime of violence under § 16(b), and we must determine “whether the crime inherently involves a substantial risk... Read More

CA9 on Indefinite Detention: Rodriguez v. Robbins ("Rodriguez III")
Posted on 29 Oct 2015 by Daniel M. Kowalski

"This is the latest decision in our decade-long examination of civil, i.e. non-punitive and merely preventative, detention in the immigration context. As we noted in our prior decision in this case, Rodriguez v. Robbins (Rodriguez II), 715 F.3d 1127... Read More

CA9 on Detention, Bond: Rodriguez v. Robbins
Posted on 16 Apr 2013 by Daniel M. Kowalski

"Alejandro Rodriguez, Abdirizak Aden Farah, Jose Farias Cornejo, Yussuf Abdikadir, and Abel Perez Ruelas (“Appellees”) are the named plaintiffs representing a certified class of non-citizens who challenge their prolonged detention, pursuant... Read More

Dialogue with USCIS Director León Rodríguez, Wed., Feb. 25, 2015
Posted on 23 Feb 2015 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Wednesday, Feb. 25 from 3 to 4 p.m. (Eastern), with USCIS Director León Rodríguez. During the session, Director Rodríguez... Read More

Lucas Guttentag Joins USCIS as Senior Counselor to Director Rodriguez
Posted on 10 Sep 2014 by Daniel M. Kowalski

"Stanford Law School’s Lucas Guttentag began serving the Obama administration today as Senior Counselor to the recently confirmed Director of U.S. Citizen and Immigration Services (USCIS), Leon Rodriguez. USCIS is a component of the U.S. Department... Read More

Leon Rodriguez Sworn In As USCIS Director
Posted on 10 Jul 2014 by Daniel M. Kowalski

"Leon Rodriguez was sworn in today as the director of U.S. Citizenship and Immigration Services (USCIS) during a ceremony at USCIS headquarters. Rodriguez, born in Brooklyn, and raised in Miami, comes to USCIS with a broad legal background and will... Read More

Dialogue with USCIS Director León Rodríguez - Tuesday, Dec. 8, 2015
Posted on 25 Nov 2015 by Daniel M. Kowalski

USCIS, Nov. 25, 2015 - "U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement on Tuesday, Dec. 8 from 3:30 – 4:30 p.m. (Eastern), with USCIS Director León Rodríguez. Director... Read More

Mother of Slain Mexican Teen Sues Border Patrol, Seeks Trial in Shooting Death of Her Son
Posted on 29 Jul 2014 by Daniel M. Kowalski

"Araceli Rodriguez, the mother of slain Mexican teen Jose Antonio Elena Rodriguez, filed a federal lawsuit today in Arizona to pursue justice for her son, who was killed nearly two years ago by U.S. Border Patrol agents, identified only as John Does... Read More