Immigration Law

Recent Posts

Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo
Posted on 17 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Aug. 16, 2022 "On July 21, 2022, the Supreme Court granted certiorari in United States v. Texas , which involves a challenge to the U.S. Immigration and Customs Enforcement (ICE) enforcement priorities as originally... Read More

Lawsuit to Discover if Trump Lied to SCOTUS about the Muslim Ban
Posted on 25 Jul 2022 by Daniel M. Kowalski

David J. Bier, July 14, 2022 "A new lawsuit by the Cato Institute could answer the question of whether the Supreme Court was wrong to accept assertions from former President Trump that his 2017 travel ban was based on security concerns, not animus... Read More

Border/Lines on US v. Texas
Posted on 25 Jul 2022 by Daniel M. Kowalski

Border/Lines, July 25, 2022 "In a short writ of certiorari agreeing to hear the United States v. Texas case next term, which involves the Biden administration’s immigration priorities, the Supreme Court declined to stay a lower court injunction... Read More

Supreme Court Eases Biden’s Way to Ending “Remain in Mexico” Program, but Termination Is Not a Done Deal
Posted on 7 Jul 2022 by Daniel M. Kowalski

Prof. Peter Margulies, Lawfare, July 7, 2022 "In a 5-4 decision on June 30, the Supreme Court cleared away a major obstacle to the Biden administration ending the Trump administration’s “Remain in Mexico” program (officially called... Read More

Expert: Supreme Court Ruling May Not Deter Anti-Immigrant Zealots
Posted on 2 Jul 2022 by Daniel M. Kowalski

Jessica Gresko, Elliot Spagat, Associated Press, July 1, 2022 "The Supreme Court said Thursday the Biden administration can scrap a Trump-era immigration policy to make asylum-seekers wait in Mexico for hearings in U.S. immigration courts, a victory... Read More

Supreme Court, 5-4: Biden v. Texas (MPP; Remain in Mexico)
Posted on 30 Jun 2022 by Daniel M. Kowalski

Biden v. Texas - 20 F. 4th 928, reversed and remanded. ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, and KAVANAUGH, JJ., joined. KAVANAUGH, J., filed a concurring opinion. ALITO, J., filed a dissenting opinion... Read More

Due Process in Removal Proceedings After Thuraissigiam
Posted on 22 Jun 2022 by Daniel M. Kowalski

Diana G. Li, Stanford Law Review, April 2022 "It is well established that Congress wields plenary power over the admission of noncitizens at the border. But when the government removes noncitizens who have already entered the country, including... Read More

An Important Week for Immigration Law: SCOTUSTalk Podcast
Posted on 22 Jun 2022 by Daniel M. Kowalski

SCOTUSTalk Podcast, June 21, 2022 "During the week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public... Read More

Supremes DIG AZ v. SF (Public Charge Rule)
Posted on 15 Jun 2022 by Daniel M. Kowalski

SUPREME COURT OF THE UNITED STATES No. 20–1775 ARIZONA, ET AL., PETITIONERS v. CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [June 15, 2022] PER CURIAM. The... Read More

Supreme Court on Immigrant Detention, Bond: Johnson v. Arteaga-Martinez; Garland v. Aleman Gonzalez
Posted on 13 Jun 2022 by Daniel M. Kowalski

Johnson v. Arteaga-Martinez - "Section 241(a) of the Immigration and Nationality Act (INA), codified at 8 U. S. C. §1231(a), authorizes the detention of noncitizens who have been ordered removed from the United States. See 110 Stat. 3009–598... Read More

Supreme Court on Border Bivens: Egbert v. Boule
Posted on 8 Jun 2022 by Daniel M. Kowalski

Egbert v. Boule - 998 F. 3d 370, reversed. THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and ALITO, KAVANAUGH, and BARRETT, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment. SOTOMAYOR, J., filed an opinion... Read More

Ethical Dimensions of Patel v. Garland
Posted on 1 Jun 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, May 31, 2022 "On May 16, 2022, the Supreme Court issued its decision in Patel v. Garland , a decision that has devastating implications for the reviewability of U.S. Citizenship and Immigration Services’ (“USCIS”... Read More

The Pathos of Patel v. Garland
Posted on 26 May 2022 by Daniel M. Kowalski

Prof. Stacey Caplow, May 25, 2022 "There are many reasons for despair over the Supreme Court’s technocratic decision in Patel v. Garland which strikingly depends on arguments advanced by an amicus rather than the Government . The decision... Read More

Experts Dissect Patel v. Garland
Posted on 19 May 2022 by Daniel M. Kowalski

Two noted immigration law scholars have this to say about Patel v. Garland : ARGUMENT ANALYSIS: Justices grapple with question of federal court review in immigration cases Prof. Shoba Sivaprasad Wadhia OPINION ANALYSIS: Justices split over question... Read More

Expert: Latest Supreme Court Ruling Means More Lawyers Needed in Immigration Court (Law360)
Posted on 17 May 2022 by Daniel M. Kowalski

Mike LaSusa, Law360, May 16, 2022 "The U.S. Supreme Court's Monday ruling barring judicial review of immigration courts' factual findings raises the stakes for noncitizens in immigration court proceedings, underscoring their need for adequate... Read More