Immigration Law

Recent Posts

CA5 on Res Judicata, CIMT, Admission: Diaz Esparza II
Posted on 18 Jan 2022 by Daniel M. Kowalski

Diaz Esparza II "Santiago Alejandro Diaz Esparza seeks review of a Board of Immigration Appeals (BIA) decision finding him subject to removal under 8 U.S.C. § 1227(a)(2)(A)(ii), which permits the deportation of aliens who commit two crimes... Read More

CA9 on Admission, Voluntary Departure: Posos-Sanchez v. Garland
Posted on 7 Jul 2021 by Daniel M. Kowalski

Posos-Sanchez v. Garland "Noncitizens factually admitted to the United States at a U.S. port of entry while they hold temporary resident status under § 1255a(a) do not magically become unadmitted once their temporary resident status ends.... Read More

Matter of H-G-G- "Contrary to Law" - Velasquez v. Barr, CA8
Posted on 27 Oct 2020 by Daniel M. Kowalski

NILA, Oct. 27, 2020 - " The Eighth Circuit joins the Sixth and Ninth Circuit’s in holding that beneficiaries of Temporary Protected Status are eligible to adjust status to that of a lawful permanent resident. Hats off to plaintiff’s counsel... Read More

CA9, En Banc, on "At The Time of Application for Admission" - Torres v. Barr
Posted on 24 Sep 2020 by Daniel M. Kowalski

Torres v. Barr "We must construe the meaning of the phrase “at the time of application for admission.” We conclude that the phrase refers to the particular point in time when a noncitizen submits an application to physically enter into... Read More

CA9 on VAWA, "Admission" - Enriquez v. Barr
Posted on 13 Aug 2020 by Daniel M. Kowalski

Enriquez v. Barr "Eduardo Enriquez petitions for review of the Board of Immigration Appeals’ (BIA) decision dismissing his appeal and affirming the Immigration Judge’s (IJ) denial of his application for cancellation of removal. Because... Read More

Tags: vawa , admission

Cesar Vargas, DACAmented Lawyer
Posted on 4 Jun 2015 by Daniel M. Kowalski

Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York - 2015 NY Slip Op 04657 - Decided on June 3, 2015 - Appellate Division, Second Department : "We are called upon to determine whether an undocumented immigrant... Read More

Hong Yen Chang Admitted to California Bar...125 Years Late
Posted on 17 Mar 2015 by Daniel M. Kowalski

"We grant Hong Yen Chang posthumous admission as an attorney and counselor at law in all courts of the state of California. ... it is past time to acknowledge that the discriminatory exclusion of Chang from the State Bar of California was a grievous... Read More

Admission of Pot Use, Ever, May Bar Entry Into U.S.A.
Posted on 4 Apr 2013 by Daniel M. Kowalski

"Ever try pot? Answer yes to a border agent, and foreigners could face permanent consequences even if they haven't used marijuana in years. More and more Canadians are learning the hard way that admitting to U.S. border agents that you smoked... Read More

CA9 Limits Hernandez-Arias (Admission; IRCA)
Posted on 5 Aug 2014 by Daniel M. Kowalski

"The opinion filed on March 21, 2014 is hereby amended as follows: Following page 12, first full paragraph, the following footnote is appended: 3 Our review in this case is confined to the operation of IRCA and its unique implementing regulations... Read More

California Supreme Court to Rule on Bar Admission of Hong Yen Chang
Posted on 14 Mar 2015 by Daniel M. Kowalski

" Last spring , ImmigrationProf reported on the efforts of UC Davis law students to seek the posthumous admission of Hong Yen Chang to the California State Bar. More than a century ago, Chang was denied the opportunity to practice law in California... Read More

BIA on Family Unity, 'Admission' - Matter of Fajardo Espinoza
Posted on 8 Jun 2015 by Daniel M. Kowalski

Official Headnote : A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012), for purposes of... Read More

Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva
Posted on 27 Jul 2017 by Daniel M. Kowalski

Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made... Read More

TPS = Admission for AOS Purposes: Ramirez v. Dougherty
Posted on 6 Jun 2014 by Daniel M. Kowalski

"The only issue for the Court is whether Mr. Ramirez was “inspected and admitted,” and therefore eligible to adjust his status. The determination hinges on the interplay between the adjustment of status statute, § 1255(a), and a... Read More

Two New Practice Advisories from the AIC Legal Action Center
Posted on 3 Feb 2013 by Daniel M. Kowalski

Inspection and Entry at a Port of Entry: When is there an Admission? - "This practice advisory discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is... Read More

HHS Final Rule: Medical Examination of Aliens - Revisions to Medical Screening Process
Posted on 27 Jan 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 - "The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is issuing this final rule (FR) to amend its regulations governing medical... Read More