Immigration Law

Recent Posts

Child Detention Lawsuit Moves Forward
Posted on 21 Nov 2018 by Daniel M. Kowalski

Legal Aid Justice Center, Nov. 16, 2018 - "Yesterday, the U.S. District Court for the Eastern District of Virginia denied the U.S. government’s motion to dismiss Legal Aid Justice Center’s lawsuit on behalf of detained immigrant children... Read More

Another Injunction Against Trump Travel/Refugee Ban: Commonwealth of Virginia
Posted on 14 Feb 2017 by Daniel M. Kowalski

Dahlia Lithwick, Slate, Feb. 13, 2017 - "In an opinion filed on Monday in the U.S. District Court for the Eastern District of Virginia , Judge Leonie Brinkema has now granted a preliminary injunction in the case Aziz v. Trump . The Commonwealth of... Read More

The Price For Deporting an American Child? $32K (Ruiz v. USA)
Posted on 5 Jul 2015 by Daniel M. Kowalski

AIC writes - "Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor... Read More

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia
Posted on 5 Oct 2014 by Daniel M. Kowalski

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained... Read More

CA4 on Jurisdiction, Categorical Approach: Castendet-Lewis v. Sessions
Posted on 26 Apr 2017 by Daniel M. Kowalski

Castendet-Lewis v. Sessions, Apr. 25, 2017 - "We first assess — and deny — the Attorney General’s renewed motion to dismiss. We then proceed to the merits of Castendet’s petition for review, which contends that his burglary... Read More

EOIR Announces Change to Immigration Judges Hearing Cases Out of Artesia
Posted on 10 Sep 2014 by Daniel M. Kowalski

"The Executive Office for Immigration Review (EOIR) today announced that, effective September 29, 2014, it will assign immigration cases originating at the Artesia, N.M., hearing location to immigration judges at the Denver Immigration Court in Denver... Read More

Tags: Denver , Artesia , Virginia , VTC , eoir

CA4 on Divisibility: Omargharib v. Holder
Posted on 24 Dec 2014 by Daniel M. Kowalski

"In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA... Read More

Habeas Victory in Virginia: Haughton v. Crawford
Posted on 9 Oct 2016 by Daniel M. Kowalski

Rob Robertson writes : "This case is one where the Respondent won at the IJ level, and DHS appealed to the BIA. Tim Davis in Baltimore wrote the petition, and I got to argue it. It’s a great victory! Look in the opinion , where Judge Brinkema... Read More

Honduran Asylum Victory: False Accusation of Gang Membership by DHS, Virginia Police
Posted on 2 May 2016 by Daniel M. Kowalski

Here's a link to a 17-page decision issued March 15, 2016 by Arlington IJ Rodger C. Harris. Hats off to Jay S. Marks ! Read More

News Excerpts From the June 1, 2014, Bender’s Immigration Bulletin
Posted on 22 May 2014 by LexisNexis Legal Newsroom Staff

CBP Launches Website for I-94 and Travel History Retrieval On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point... Read More

Va. DACA Students May Establish Residence for In-State Tuition
Posted on 30 Apr 2014 by Daniel M. Kowalski

" In a letter sent this morning to the State Council of Higher Education in Virginia (SCHEV), the presidents of Virginia's colleges and universities, and the chancellor of the Virginia Community College System, Attorney General Mark R. Herring... Read More

Three Kids in Immigration Court
Posted on 8 Jul 2014 by Daniel M. Kowalski

"Fusion attended one such court proceeding last week in Arlington, Va., to get an idea how children are being treated by the system— and whether they’re even showing up for their hearings. Of 15 cases on the judge’s docket that... Read More

Honduran Mom in Artesia Granted Asylum by Video
Posted on 2 Oct 2014 by Daniel M. Kowalski

"An immigration judge [in Arlington, VA] granted asylum on Thursday to a Honduran woman and her children after the woman testified that she was beaten, threatened and raped at gunpoint by her husband before fleeing to the United States. The woman... Read More

Immigration Judge Hears Bond Pleas By Video, 1,700 Miles Away
Posted on 12 Oct 2014 by Daniel M. Kowalski

"Immigration Judge Quynh Bain keeps having to interrupt the witness to ask her to slow down her account of the night that some Mara-18 gang members ran her off the road in her hometown in El Salvador. “Please remember,’’ the judge... Read More

Immigrant Students Seek In-State Tuition in Virginia
Posted on 18 Dec 2013 by Daniel M. Kowalski

"Giancarla Rojas is not an American citizen, but she has an American dream. The Falls Church resident, whose parents brought her here illegally from Bolivia as a child, has worked doggedly to become the first in her family to attend a four-year college... Read More