Immigration Law

Recent Posts

DOJ Files 5th Circuit Brief in Texas v. USA
Posted on 31 Mar 2015 by Daniel M. Kowalski

"This case involves a challenge brought by Texas and other States to enjoin — nationwide — enforcement policies that the Secretary of Homeland Security adopted to manage the government’s limited immigration enforcement resources... Read More

Texas v. USA Oral Argument Preview
Posted on 16 Apr 2015 by Daniel M. Kowalski

"Judge Hanen’s rulings on both the standing and the APA issues — specifically, that DACA and DAPA are not discretionary and thus require notice and comment rulemaking under the APA — cannot be squared with either the evidence in... Read More

Will Farmers Branch Save DAPA, Expanded DACA? - Cyrus D. Mehta
Posted on 1 Jun 2015 by Daniel M. Kowalski

Cyrus D. Mehta writes - "After a split Fifth Circuit panel declined to lift Judge Hanen’s preliminary injunction in Texas v. United States blocking President Obama’s two executive actions that could defer the deportations of an estimated... Read More

Dreamers Affected by Federal Judge Order Seek to Defend Their Privacy - NILC
Posted on 4 Jun 2016 by Daniel M. Kowalski

NILC, June 3, 2016 - "The National Immigration Law Center, the American Civil Liberties Union, and the ACLU of Texas today filed a petition for writ of mandamus before the Fifth Circuit Court of Appeals on behalf of four people impacted by a recent... Read More

Administration Asks Court to Lift Order Halting Immigration Programs
Posted on 13 Mar 2015 by Daniel M. Kowalski

"The Obama administration, fighting a lawsuit by 26 states against the president’s executive actions on immigration, asked a federal appeals court Thursday to lift an order by a judge in Texas that halted the programs. Calling the legal reasoning... Read More

CA5 on CIMT, 'de minimus touching' - Cisneros-Guerrerro v. Holder
Posted on 30 Dec 2014 by Daniel M. Kowalski

"Proceeding pro se, Salvador Cisneros-Guerrerro, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals finding that his prior offense of public lewdness, under Texas Penal Code § 21.07, was categorically... Read More

CA5 on Crime of Violence: Rodriguez v. Holder
Posted on 17 Jan 2013 by Daniel M. Kowalski

"[T]he issue before this court is whether a conviction under section 22.011(a)(1) of the Texas Penal Code is categorically a crime of violence under § 16(b), and we must determine “whether the crime inherently involves a substantial risk... Read More

CA5 on CIMT: Laryea v. Sessions
Posted on 15 Sep 2017 by Daniel M. Kowalski

Laryea v. Sessions, Sept. 12, 2017 - "Proceeding pro se, Henry Kpani Laryea, a native and citizen of Ghana, petitions for review of a decision of the Board of Immigration Appeals finding that his prior conviction of evading arrest under Texas Penal... Read More

CA5 on CIMTs - Mercado v. Lynch; Hernandez v. Lynch (Matter of Hernandez vacated)
Posted on 5 May 2016 by Daniel M. Kowalski

Mercado v. Lynch, May 4, 2016 - "Petitioner Jesus Cardoso Mercado was ordered removed from the United States pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) after the Board of Immigration Appeals (“BIA”) found that his convictions for indecent... Read More