Immigration Law

Recent Posts

Federal Court Orders that Asylum Seekers Can Move Forward Challenging Delays
Posted on 14 Dec 2018 by Daniel M. Kowalski

NWIRP, Dec. 13, 2018 - "A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional... Read More

Tags: bond , detention , asylum

Asylum Processing and Waitlists at the U.S.-Mexico Border (Dec. 2018)
Posted on 11 Dec 2018 by Daniel M. Kowalski

Robert Strauss Center, Center for U.S.-Mexican Studies, Migration Policy Centre, December 2018 "For more than two years, CBP has implemented "metering" procedures for asylum seekers in multiple ports of entry across the U.S.-Mexico border... Read More

Acting AG Whitaker Takes Aim at Asylum Seekers Fleeing Family-Based Persecution - Sophia Genovese
Posted on 11 Dec 2018 by Daniel M. Kowalski

Sophia Genovese, Dec. 10, 2018 - "Acting Attorney General Matthew Whitaker has followed in his predecessor’s footsteps by referring yet another immigration case to himself, Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) . The Acting AG asks... Read More

Hon. Paul W. Schmidt on Winning Asylum and Saving Lives in the Era of A-B-; Seven Steps to Success
Posted on 10 Dec 2018 by Daniel M. Kowalski

Hon. Paul W. Schmidt, Dec. 10, 2018 "NEW YORK CITY BAR, DECEMBER 4, 2018 Good evening, and thanks so much for inviting me. In the “old days,” I would have started with my comprehensive disclaimer. But, now that I’m retired,... Read More

The Ninth Circuit’s Asylum Ban Ruling is a Message to Trump - Peter Margulies
Posted on 10 Dec 2018 by Daniel M. Kowalski

Peter Margulies, Dec. 10, 2018 - "In an important order issued late on Friday, Nov. 7, the U.S. Court of Appeals for the Ninth Circuit denied the government’s request for a stay of the temporary restraining order (TRO) issued by U.S. District... Read More

CA9 on Trump's Asylum Ban: East Bay Sanctuary Covenant v. Trump
Posted on 10 Dec 2018 by Daniel M. Kowalski

East Bay Sanctuary Covenant v. Trump - "The district court issued a temporary restraining order, finding it likely that, first, the rule of decision itself was inconsistent with existing United States law providing that aliens may apply for asylum... Read More

A.G. on Persecution, Social Group, Family Unit: Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018)
Posted on 4 Dec 2018 by Daniel M. Kowalski

Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) BEFORE THE ACTING ATTORNEY GENERAL Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision.... Read More

CA4 on Asylum: Tairou v. Whitaker
Posted on 2 Dec 2018 by Daniel M. Kowalski

Tairou v. Whitaker - "Mocktar Tairou (“Tairou”) petitions this Court to review a final removal order by the Board of Immigration Appeals (“BIA”) denying his asylum and withholding of removal application and ordering his removal... Read More

Tags: benin , asylum

DHS, DOJ Argue Over 'Credible Fear' Asylum Rules
Posted on 2 Dec 2018 by Daniel M. Kowalski

Hamed Aleaziz, Buzzfeed News, Nov. 30, 2018 - "Homeland Security and Justice Department officials are feuding over a controversial plan that would force asylum-seekers at the southwestern border to remain in Mexico until their cases are decided,... Read More

Trump is Not King, Cannot Change US Asylum System via Executive Action
Posted on 26 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 26, 2018 - "Donald Trump probably thinks that section 212(f) of the Immigration and Nationality Act (INA) makes him king as far as immigration matters are concerned. As a president with autocratic impulses, INA § 212(f) gives... Read More

Tags: mehta , Trump , asylum

Expert: Trump's Asylum Ban May Head to Supreme Court
Posted on 21 Nov 2018 by Daniel M. Kowalski

Miriam Jordan, New York Times, Nov. 20, 2018 - "A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback... Read More

TRO Granted: Trump's Asylum Ban Blocked by Federal Court
Posted on 20 Nov 2018 by Daniel M. Kowalski

Washington Post, Nov. 20 2018 - "A federal judge has temporarily blocked the Trump administration from denying asylum to migrants who crossed the southern border illegally, saying the president violated a “clear command” from Congress... Read More

Law Profs File Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
Posted on 16 Nov 2018 by Daniel M. Kowalski

Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018) "In response to the question posed by the Attorney General in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018), amici respectfully submit this brief asserting that the Attorney General... Read More

Experts: Trump's Asylum Ban is Illegal
Posted on 12 Nov 2018 by Daniel M. Kowalski

Reuters, Nov. 9, 2018 - "“President Trump’s new asylum ban is illegal. Neither the president nor his cabinet secretaries can override the clear commands of U.S. law, but that’s exactly what they’re trying to do,” Omar... Read More

USCIS Procedural Guidance on Trump's Asylum Ban (Nov. 9, 2018)
Posted on 12 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 9, 2018 - "This memorandum provides U.S. Citizenship and Immigration Services (USCIS) asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under the Convention... Read More

Tags: caravan , Trump , USCIS , asylum