Immigration Law

Recent Posts

Sanchez v. Mayorkas: Is There a Silver Lining?
Posted on 15 Jun 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, June 14, 2021 "On June 7, 2021, the Supreme Court decided Sanchez v. Mayorkas , holding that a grant of Temporary Protected Status (TPS) does not constitute an admission under INA § 245(a) for purposes of adjustment... Read More

Supreme Court on TPS, Adjustment of Status: Sanchez v. Mayorkas
Posted on 7 Jun 2021 by Daniel M. Kowalski

Sanchez v. Mayorkas "Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador. Years later, because of unsafe living conditions in that country, the Government granted him Temporary Protected Status (TPS), entitling him to... Read More

Supreme Court: Garland v. Dai
Posted on 1 Jun 2021 by Daniel M. Kowalski

Garland v. Dai "The Ninth Circuit has long applied a special rule in immigration disputes. The rule provides that, in the absence of an explicit adverse credibility determination by an immigration judge or the Board of Immigration Appeals, a reviewing... Read More

USSC on 1326(d): US v. Palomar-Santiago
Posted on 24 May 2021 by Daniel M. Kowalski

US v. Palomar-Santiago "In 1998, respondent Refugio Palomar-Santiago was removed from the United States based on a conviction for felony driving under the influence (DUI). He later returned to the United States and was indicted on one count of... Read More

Prof. Geoffrey Hoffman: Niz-Chavez and Jurisdiction?
Posted on 3 May 2021 by Daniel M. Kowalski

Prof. Geoffrey A. Hoffman, May 2, 2021 "The Supreme Court's decision earlier this week in Niz-Chavez v. Garland is potentially revolutionary. First, it rejected the impoverished and incorrect interpretation by circuit courts and the BIA of... Read More

Expert: Supreme Court Decision Gives Some Immigrants a "Second Chance"
Posted on 29 Apr 2021 by Daniel M. Kowalski

Andrew Chung, Reuters, Apr. 29, 2021 "The U.S. Supreme Court on Thursday offered new hope to thousands of long-term immigrants seeking to avoid deportation in a ruling that faulted the federal government for improperly notifying a man who came... Read More

Supreme Court: NTA Must Be a Single Document to Trigger Stop-Time Rule
Posted on 29 Apr 2021 by Daniel M. Kowalski

Niz-Chavez v. Garland (6-3) "Some circuits have accepted the government’s notice-by-installment theory. Others, however, have held that the government must issue a single and comprehensive notice before it can trigger the stop-time rule.... Read More

Palomar-Santiago Recap (Apr. 27, 2021)
Posted on 27 Apr 2021 by Daniel M. Kowalski

Here is the transcript of today's oral argument. Here is a link to the audio. Here is a case preview by Prof. Jennifer Lee Koh . Here is the SCOTUSblog case page, with links to all the briefs. Read More

Sanchez v. Mayorkas is "A No Brainer" - Hon. Paul W. Schmidt
Posted on 16 Apr 2021 by Daniel M. Kowalski

Former BIA Chair Paul Schmidt tells it like it is with respect to Sanchez v. Mayorkas , set for oral argument at the Supreme Court on Monday, Apr. 19, 2021. For a deep dive, here's David A. Martin's essay . Issue: Whether, under 8 U.S.C. §... Read More

Expert: Pending Supreme Court Immigration Cases Stem from Obama Administration
Posted on 12 Mar 2021 by Daniel M. Kowalski

John Fritze, USA Today, Mar. 12, 2021 "Less than two months after President Donald Trump left office immigration has fizzled as an issue at the Supreme Court, with major disputes that became conservative rallying cries largely vanishing from the... Read More

Supremes Dismiss Trump's "Public Charge" Cases
Posted on 10 Mar 2021 by Daniel M. Kowalski

Amy L. Howe, Mar. 9, 2021 "Just over two weeks after the Supreme Court announced that it would review the Trump administration’s “public charge” rule, which governs the admission of immigrants into the United States, the case... Read More

Expert: Supreme Court Decision Tightens Burden of Proof in Immigration Court
Posted on 5 Mar 2021 by Daniel M. Kowalski

Nina Totenberg, NPR, Mar. 4, 2021 "The U.S. Supreme Court on Thursday [ Pereida v. Wilkinson ] made it more difficult for undocumented immigrants who have lived in the U.S. for a long time to fight deportation. ... By putting the burden on Pereida... Read More

Supreme Court of Categorical Approach: Pereida v. Wilkinson
Posted on 4 Mar 2021 by Daniel M. Kowalski

Pereida v. Wilkinson (5-3) Majority : "Under the INA, certain nonpermanent aliens seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime. The Eighth Circuit correctly held that Mr. Pereida... Read More