Immigration Law

Recent Posts

Expert: Supreme Court Immigration Cases 'More Important Than Ever'
Posted on 14 Dec 2018 by Daniel M. Kowalski

Nicole Narea, Law360, Dec. 13, 2018 - "In Jennings v. Rodriguez , the high court ruled in February that certain immigrants held in mandatory detention during deportation proceedings aren't entitled to bond hearings after six months in custody... Read More

Jennings Remanded to District Court
Posted on 26 Nov 2018 by Daniel M. Kowalski

CA9, Nov. 19, 2018 - "On remand from the Supreme Court’s opinion in Jennings v. Rodriguez, 138 S. Ct. 830 (2018), in an action in which petitioners challenge their prolonged immigration detention, the panel remanded constitutional claims and... Read More

Expert: Trump's Asylum Ban May Head to Supreme Court
Posted on 21 Nov 2018 by Daniel M. Kowalski

Miriam Jordan, New York Times, Nov. 20, 2018 - "A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback... Read More

Trump Tries to Bypass Lower Courts on DACA
Posted on 6 Nov 2018 by Daniel M. Kowalski

Amy Howe, SCOTUSBlog, Nov. 5, 2018 - "The federal government tonight returned to the Supreme Court , asking it once again to intervene in a dispute over the Trump administration’s decision to end the program known as “Deferred Action... Read More

Debriefing Preap: Chacón, Johnson and Margulies
Posted on 16 Oct 2018 by Daniel M. Kowalski

On October 10, 2018, the Supreme Court heard oral argument in an immigration case, Sessions v. Preap . Three experts help us understand the case and how the Court might rule: Prof. Jennifer M. Chacón - Are there limits to the government’s... Read More

Transcript of Nielsen v. Preap SC Oral Argument
Posted on 11 Oct 2018 by Daniel M. Kowalski

USSC, Oct. 10, 2018 - "CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 16-1363, Nielsen, Secretary of Homeland Security, versus Preap. ..." Read More

Supreme Court Oral Argument Preview: Nielsen v. Preap
Posted on 4 Oct 2018 by Daniel M. Kowalski

The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of... Read More

Cert. Denied in Menocal v. GEO Group (Oct. 1, 2018)
Posted on 1 Oct 2018 by Daniel M. Kowalski

Jacqueline Stevens writes : " Supreme Court Conference Announcement: Cert Denied for Menocal et al. v. GEO Group, Inc. From October 1, 2018 Supreme Court Docke t for The GEO Group, Inc., Petitioner v. Alejandro Menocal, et al... Read More

The Supreme Court, EOIR and a Little Thing Called ISS - Matthew Hoppock
Posted on 22 Sep 2018 by Daniel M. Kowalski

Matthew Hoppock, Sept. 20, 2018 - Post-Pereira, the DOJ Chooses Harsh IJ Performance Metrics Over Compliance With Supreme Court Mandate "It is starting to appear the Department of Justice has chosen not to comply with the Supreme Court’s... Read More

The BIA vs. the Supreme Court (Jeffrey S. Chase, Sept. 1, 2018)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Sept. 1, 2018 - "Although it hasn’t caught the attention of the public or the media, the Supreme Court’s June 21 decision in Pereira v. Sessions has inspired immigration lawyers this summer, giving reason to hope and... Read More

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