Immigration Law

Recent Posts

Supreme Court to Hear "Public Charge" Case: Arizona v. San Francisco
Posted on 30 Oct 2021 by Daniel M. Kowalski

Supreme Court, Oct. 29, 2021 "20-1775 ARIZONA V. SAN FRANCISCO, CA DECISION BELOW: 944 F.3d 773 Limited to Question 1 presented by the petition CERT. GRANTED 10/29/2021 QUESTION PRESENTED: Under the Immigration and Nationality Act, 8... Read More

Feds Deport American Citizen to Yemen; Supreme Court GVRs the Case to CA3
Posted on 19 Oct 2021 by Daniel M. Kowalski

(ORDER LIST: 595 U.S.) MONDAY, OCTOBER 18, 2021 CERTIORARI -- SUMMARY DISPOSITIONS 20-1492 ABDULLA, ABDULMALIK M. V. GARLAND, ATT'Y GEN. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United... Read More

Supreme Court Preview: Patel v. Garland (Oral Arg. Dec. 6, 2021)
Posted on 4 Oct 2021 by Daniel M. Kowalski

I encourage all immigration lawyers and law students to read the 11th Cir. case here and all the SC briefs here . This case could be a Very Big Deal for immigration litigators. Read More

Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)
Posted on 23 Sep 2021 by Daniel M. Kowalski

Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021) (1) A Notice to Appear that does not specify the time and place of a respondent’s initial removal hearing does not deprive the Immigration Judge of jurisdiction over the respondent’s... Read More

Supreme Court Amicus Briefs Filed in Patel v. Garland
Posted on 8 Sep 2021 by Daniel M. Kowalski

In Patel v. Garland, SC Docket No. 979, on cert. from CA11, 971 F.3d 1258 (11th Cir. 2020), the issue presented is: "Whether 8 U.S.C. 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a... Read More

High Court Denies MPP Stay Request...With Important Caveat
Posted on 25 Aug 2021 by Daniel M. Kowalski

On Aug. 24, 2021 the Supreme Court, 6-3, denied the Biden administration's application for a stay of a district court order reactivating the "Remain in Mexico" (Migrant Protection Protocols or "MPP") program. Amy L. Howe has details... Read More

SCOTUS Adds Immigration Cases to 2021-22 Docket
Posted on 24 Aug 2021 by Daniel M. Kowalski

Amy L. Howe, Aug. 23, 2021 "The Supreme Court added two new immigration cases to its docket for the 2021-22 term on Monday morning, granting a pair of petitions filed by the federal government. The relatively rare mid-summer additions came as part... Read More

Sophia Genovese on Johnson v. Guzman Chavez
Posted on 26 Jul 2021 by Daniel M. Kowalski

Sophia Genovese, July 26, 2021 "In Johnson v. Guzman Chavez , 594 U.S. __ (2021), the Supreme Court held that noncitizens in withholding-only proceedings are not entitled to a custody redetermination, or bond, hearing before the Immigration Court... Read More

Supreme Court on Bond: Johnson v. Guzman Chavez (6-3)
Posted on 29 Jun 2021 by Daniel M. Kowalski

Johnson v. Guzman Chavez Majority (Alito) - "Federal immigration law contains various provisions authorizing the Government to detain aliens during the removal process. This case concerns two of them: 8 U. S. C. §1226 and 8 U. S. C. §1231... Read More

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