Immigration Law

Recent Posts

Immigration Cases Tossed in Fallout from Pereira
Posted on 15 Aug 2018 by Daniel M. Kowalski

Amy Taxin, Associated Press, Aug. 14, 2018 - "Immigration courts from Boston to Los Angeles have been experiencing fallout from a recent U.S. Supreme Court decision that has caused some deportation orders to be tossed and cases thrown out, bringing... Read More

Supreme Court on Stop-Time Rule: Pereira v. Sessions
Posted on 21 Jun 2018 by Daniel M. Kowalski

Pereira v. Sessions - "If the Government serves a noncitizen with a document that is labeled “notice to appear,” but the document fails to specify either the time or place of the removal proceedings, does it trigger the stop-time rule... Read More

Trump v. Hawaii Q&A with Expert Law Prof. Stephen W. Yale-Loehr
Posted on 27 Jun 2018 by Daniel M. Kowalski

Forbes, June 27, 2018 - "On June 26, 2018, in a 5-4 decision , the U.S. Supreme Court ruled that the Trump administration’s decision to ban the entry of individuals from a group of primarily Muslim countries was constitutional. The court... Read More

Reflections on 5-4 Travel Ban Decision: Prof. Shoba Sivaprasad Wadhia
Posted on 27 Jun 2018 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia - "The human impact of Travel Ban 3.0 cannot be overstated. The ban has been in full effect since December 4, 2017, because of written orders by the Supreme Court. Well before today’s ruling, America has already... Read More

Supreme Court, 5-4, Upholds Travel Ban: Trump v. Hawaii
Posted on 25 Jun 2018 by Daniel M. Kowalski

Trump v. Hawaii - C.J. Roberts: "By its plain language, §1182(f) grants the President broad discretion to suspend the entry of aliens into the United States. The President lawfully exercised that discretion based on his findings—following... Read More

Supreme Court Oral Argument in U.S. v. Texas Set for April 18, 2016
Posted on 4 Mar 2016 by Daniel M. Kowalski

SCOTUSblog, Mar. 4, 2016 - "Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the... Read More

Justice Department Gave Supreme Court Incorrect Data in Immigration Case
Posted on 30 Aug 2016 by Daniel M. Kowalski

Jess Bravin, Wall Street Journal, Aug. 30, 2016 - "The Justice Department said it provided the Supreme Court with erroneous information that helped it win a 2003 case upholding a blanket policy of denying bail to thousands of immigrants imprisoned... Read More

Preview of Today's Sup. Ct. Oral Argument in Hernández v. Mesa
Posted on 21 Feb 2017 by Daniel M. Kowalski

Edith Roberts, SCOTUSblog, Feb. 21, 2017 - "Today the court returns from its February break to hear oral argument in ... Hernández v. Mesa , a case that stems from the cross-border shooting of a Mexican teenager by a U.S. Border Patrol agent... Read More

Hazleton, Farmers Branch Petition USSC for Writs of Certiorari
Posted on 2 Nov 2013 by Daniel M. Kowalski

"A city in Pennsylvania and one in Texas have petitioned the U.S. Supreme Court to consider whether they are allowed to enact legislation preventing those illegally living in the country from renting property in their cities — and in the Pennsylvania... Read More

7 Immigration-Related Cases That May See High Court Action - Law360
Posted on 15 Oct 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, Oct. 14, 2015 -CASES TO WATCH Torres v. Lynch: Appeal from an immigrant who is facing deportation over an attempted-arson conviction in New York. Hernandez v. Mesa: Concerns the killing of a teenage Mexican boy, who was... Read More

4-4 Tie at Supreme Court in U.S. v. Texas Blocks DAPA, DACA+
Posted on 23 Jun 2016 by Daniel M. Kowalski

UNITED STATES, ET AL., PETITIONERS v. TEXAS, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT [June 23, 2016] PER CURIAM. The judgment is affirmed by an equally divided Court. [Stand by for commentary... Read More

Supreme Court Orders Supplemental Briefing: Jennings v. Rodriguez
Posted on 16 Dec 2016 by Daniel M. Kowalski

SCOTUS Order, Dec. 15, 2016 - "The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention... Read More

On Monday, Will Texas Be Able to Stand and Deliver?
Posted on 15 Apr 2016 by Daniel M. Kowalski

The technical issue of 'standing' is at the heart of USA v. Texas , to be heard by the Supreme Court on Monday, April 18, 2016. Prof. Martin Lederman offers his thoughts on standing here . Prof. Amanda Frost offers her thoughts on standing... Read More

Supreme Court Oral Argument Preview: Maslenjak v. U.S.
Posted on 24 Apr 2017 by Daniel M. Kowalski

Nancy Morawetz, Apr. 24, 2017 - "[On Wednesday, Apr. 26, 2017,] the Supreme Court will hear argument in Maslenjak v. United States , a case in which the government seeks extraordinary power to jail and strip citizenship from anyone based on an immaterial... Read More

LexisNexis Expert Yale-Loehr: Scalia's Absence May Not Affect Immigration Case
Posted on 23 Feb 2016 by Daniel M. Kowalski

Laura D. Francis, Bloomberg BNA, Feb. 17, 2016 - "Stephen Yale-Loehr of Miller Mayer in Ithaca, N.Y., said the case might have split 5-4 in favor of the states if Scalia remained on the court, which would result in a 4-4 tie without him. A tie vote... Read More