Immigration Law

Recent Posts

Court Rules Montana Sheriff’s Deputy and Judge Violated Rights of Immigrant by Unlawfully Arresting Him: Reynaga Hernandez v. Skinner
Posted on 30 May 2019 by Daniel M. Kowalski

NWIRP, May 29, 2019 "Earlier today, a federal court in Montana ruled that a sheriff’s deputy and a justice of the peace in Billings, Montana, violated the Fourth Amendment when they arrested Miguel Reynaga at a state courthouse in Billings... Read More

NY Bars ICE Arrests in State Courthouses: Directive (Apr. 17, 2019)
Posted on 20 Apr 2019 by Daniel M. Kowalski

Mallory Moench, Times Union, Apr. 18, 2019 "ICE can no longer arrest undocumented immigrants inside New York courthouses unless they have a warrant signed by a judge. The New York State Office of Court Administration (OCA) signed its new rule change... Read More

Ex-Judges Tell ICE to Stop Courthouse Arrests
Posted on 12 Dec 2018 by Daniel M. Kowalski

Alanna Durkin Richer, Associate Press, Dec. 12, 2018 - "Dozens of retired state and federal judges called Wednesday on U.S. immigration officials to stop making arrests at courthouses of people suspected of being in the country illegally, saying... Read More

CA9 Upholds Saravia Preliminary Injunction
Posted on 1 Oct 2018 by Daniel M. Kowalski

Saravia v. Sessions , court staff summary - "In an action arising from Immigration and Customs Enforcement’s rearrest and detention of noncitizens who came to this country as unaccompanied minors, the panel affirmed the district court’s... Read More

Expert: ICE Needs Warrant for Arrest on Private Property
Posted on 18 Apr 2018 by Daniel M. Kowalski

Marnie Eisenstadt, Syracuse Post-Standard, Apr. 18, 2018 - "John Collins was standing outside the milk house at his dairy farm this morning when he heard yelling coming from inside. He ran in, he says, and saw his worker, Marcial de Leon Aguilar... Read More

ICE’s Courthouse Arrests Undercut Democracy
Posted on 27 Nov 2017 by Daniel M. Kowalski

César Cuauhtémoc García Hernández, New York Times, Nov. 27, 2017 - "Lawyers and judges in Arizona, California, Colorado, Connecticut, New Jersey, New York, Oregon, Texas and Washington all reported in the first year of... Read More

Tags: courthouse , arrest , ICE

Report | Assumption Of Risk: Legal Liabilities For Local Governments That Choose To Enforce Federal Immigration Laws
Posted on 8 Mar 2018 by Daniel M. Kowalski

Mar. 7, 2018 - "A joint report by attorneys from NIJC, American Immigration Council, American Immigration Lawyers Association, National Immigration Law Center, and Southern Poverty Law Center, Assumption of Risk: Legal Liabilities for Local Governments... Read More

BIA: No Bond for DUI Arrest - Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018)
Posted on 2 Feb 2018 by Daniel M. Kowalski

Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018) (1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine... Read More

Tags: bond , DUI , danger , bia , arrest

CA4 on Local Enforcement of Federal Immigration Law: Santos v. Frederick County
Posted on 12 Aug 2013 by Daniel M. Kowalski

"[W]e hold that, absent express direction or authorization by federal statute or federal officials, state and local law enforcement officers may not detain or arrest an individual solely based on known or suspected civil violations of federal immigration... Read More

Unpub. BIA asylum remand victory: arrest warrant as pretext
Posted on 21 Dec 2011 by Daniel M. Kowalski

"On appeal, the respondent argues that the arrest warrant issued against him is a pretext for political persecution. See Long v. Holder 620 F3d 162, 166 (2nd Cir. 2010) (noting that prosecution that is pretext for political persecution is not on... Read More

Cert. Denied in Maryland Immigrant Arrest Case: Frederick County Bd. of Comm. v. Orellana Santos
Posted on 25 Mar 2014 by Daniel M. Kowalski

"The U.S. Supreme Court declined Monday to review a Frederick County case in which a woman challenged local authorities' power to arrest her on an immigration violation, cementing her victory in a case that has been closely watched by both sides... Read More

U-Visa Holder Sues Pinal County (AZ) Sheriffs For Unlawful Arrest
Posted on 26 Sep 2014 by Daniel M. Kowalski

"An Arizona woman spent five days in a Border Patrol jail after a traffic stop, when a sheriff's deputy told her he "was not interested" in her visa status, the ACLU claims in court. Maria del Rosario Cortes Camacho sued Pinal County... Read More

After Immigration Arrests, Online Outcry, and Release
Posted on 13 Jan 2013 by Daniel M. Kowalski

"Immigration agents arrested the mother and brother of a prominent activist during a raid at her home here late Thursday, unleashing a vigorous response on social media and focusing new attention on one of the most controversial aspects of the Obama... Read More

Feds Settle Lawsuit Over False Arrest of American Citizen by Border Guards
Posted on 12 Mar 2015 by Daniel M. Kowalski

"An out-of-court settlement has been reached in a case defenders say highlights how hyper-vigilant border enforcement can violate people’s civil liberties. Gerardo Vazquez-Mentado, an Oswego county resident, store owner and naturalized U.S... Read More

Are there rogue ICE agents in Santa Fe?
Posted on 24 Nov 2011 by Daniel M. Kowalski

Does it really take 13 days for ICE to figure out a simple citizenship claim? Judge for yourselves. Read the Morton Memo , the lawyer's blog , the blogger's blog , and the news article . We link; you decide! Read More