Immigration Law

Recent Posts

CA3 on Corroboration: Saravia v. Attorney General
Posted on 1 Oct 2018 by Daniel M. Kowalski

Saravia v. Attorney General - "This case concerns the Board of Immigration Appeals’ failure to follow precedent set forth by this Court. ... [W]e remind Immigration Judges in our Circuit that they must follow the requirements of Chukwu. We... Read More

CA3 on Detention, Bond - Guerrero-Sanchez v. Warden
Posted on 27 Sep 2018 by Daniel M. Kowalski

Guerrero-Sanchez v. Warden - "[T]his case requires us to decide a novel question of immigration law in this Circuit: is the detention of an alien, such as Guerrero-Sanchez, who has a reinstated order of removal but is also pursuing withholding-only... Read More

CA3 on Materiality, AggFel - Wang v. Attorney General
Posted on 1 Aug 2018 by Daniel M. Kowalski

Wang v. Attorney General - "Wang pleaded guilty to violating the Commodity Exchange Act (CEA) by Making a False Report in Connection with a Commodities Transaction in violation of 7 U.S.C. § 6b(a)(1)(B) and § 13(a)(2). ... Wang challenges... Read More

Setback for 'Social Group' at CA3 - S.E.R.L. v. Attorney General
Posted on 3 Jul 2018 by Daniel M. Kowalski

S.E.R.L. v. Attorney General - "In this immigration case, we consider the term “particular social group,” which is part of the definition of “refugee” in the Immigration and Nationality Act (“INA”), 8 U.S.C. §... Read More

Major Suspension Clause Victory at CA3: Osorio-Martinez v. Attorney General
Posted on 19 Jun 2018 by Daniel M. Kowalski

Osorio-Martinez v. Attorney General - "Because we conclude that the INA strips the federal courts of jurisdiction to review Petitioners’ challenge to their expedited removal orders, we must confront a second question, this one of constitutional... Read More

Fewer Rights in Pennsylvania than Guantanamo: Some Reactions to Castro v. DHS - David Isaacson
Posted on 14 Sep 2016 by Daniel M. Kowalski

David Isaacson, Sept. 13, 2016 - " On August 29, 2016, the Court of Appeals for the Third Circuit issued its decision in Castro v. Dept. of Homeland Security , a consolidated set of habeas corpus petitions brought by asylum-seekers subject to expedited... Read More

CA3 Agrees With CA7, Strikes Down K-4 Visa Reg: Cen v. Atty. Gen.
Posted on 7 Jun 2016 by Daniel M. Kowalski

Cen v. Atty. Gen., June 6, 2016 - "The Immigration and Nationality Act (INA) allows a child under the age of twenty-one whose alien parent has married a U.S. citizen abroad to obtain a temporary “K-4” visa to accompany her parent to the... Read More

Cert. Denied in Castro v. DHS (CA3)
Posted on 17 Apr 2017 by Daniel M. Kowalski

Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from... Read More

CA3 Orders ICE to Find and Return Deported Mother and Daughter from Guatemala
Posted on 20 Jun 2015 by Daniel M. Kowalski

"U.S. Court of Appeals judge has ordered* U.S. officials to intercept a mother and her 12-year-old daughter on plane Friday being deported to Guatemala and immediately return them to the United States. The 34-year-old mother, Ana, and her daughter... Read More

News Excerpts From the Sept. 15, 2015, Bender’s Immigration Bulletin
Posted on 1 Sep 2015 by LexisNexis Legal Newsroom Staff

BIA Seeks Amicus Briefs on Effect of Moncrieffe on 3rd Circuit Case | On August 26, 2015, the BIA issued a notice requesting amicus briefs regarding whether Jeune v. Attorney General of the United States , 476 F.3d 199 (3d Cir. 2007) [ enhanced opinion... Read More

News Excerpts From the Jan. 1, 2015, Bender’s Immigration Bulletin
Posted on 16 Dec 2014 by LexisNexis Legal Newsroom Staff

Labor Department Ends Use of Employer-Provided Wage Surveys for H-2B Program | Following a major decision from the U.S. Court of Appeals for the Third Circuit, the Department of Labor announced that it will no longer issue prevailing wage determinations... Read More

Third Circuit on changed circumstances, jurisdiction: Nbaye
Posted on 21 Nov 2011 by Daniel M. Kowalski

"We have concluded that although we cannot decide the case on the basis that there has been a change in power in Guinea, our precedents and 8 U.S.C. § 1252(b)(4)(A) on the one hand and the seemingly appropriate way to proceed in this matter... Read More

CA3: 16(b) Void for Vagueness - Baptiste v. Atty. Gen.
Posted on 8 Nov 2016 by Daniel M. Kowalski

Baptiste v. Attorney General, Nov. 8, 2016 - "[B]ecause the two inquiries under the residual clause that the Supreme Court found to be indeterminate—the ordinary case inquiry and the serious potential risk inquiry—are materially the same... Read More