Immigration Law

Recent Posts

SCOTUS Adds Immigration Cases to 2021-22 Docket
Posted on 24 Aug 2021 by Daniel M. Kowalski

Amy L. Howe, Aug. 23, 2021 "The Supreme Court added two new immigration cases to its docket for the 2021-22 term on Monday morning, granting a pair of petitions filed by the federal government. The relatively rare mid-summer additions came as part... Read More

CA1 on Bond, Burden of Proof: Hernandez-Lara v. Lyons
Posted on 20 Aug 2021 by Daniel M. Kowalski

Hernandez-Lara v. Lyons "[W]e hold that, in order to continue detaining Hernandez under section 1226(a), due process requires the government to either (1) prove by clear and convincing evidence that she poses a danger to the community or (2) prove... Read More

Supreme Court on Bond: Johnson v. Guzman Chavez (6-3)
Posted on 29 Jun 2021 by Daniel M. Kowalski

Johnson v. Guzman Chavez Majority (Alito) - "Federal immigration law contains various provisions authorizing the Government to detain aliens during the removal process. This case concerns two of them: 8 U. S. C. §1226 and 8 U. S. C. §1231... Read More

CA9 on ICE, Bond, Habeas: Bello-Reyes v. Gaynor
Posted on 14 Jan 2021 by Daniel M. Kowalski

Bello-Reyes v. Gaynor "This case requires us to consider whether the Supreme Court’s recent decision in Nieves v. Bartlett, 139 S. Ct. 1715 (2019), applies to a noncitizen’s claim that Immigration and Customs Enforcement (“ICE”... Read More

Tags: bond , ICE , habeas

DOS Rolls Out Visa Bond Pilot Program
Posted on 23 Nov 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 "This temporary final rule provides for a U.S. Department of State (Department) visa bond pilot program (Pilot Program) with specified parameters. The purpose of the Pilot Program... Read More

Habeas Victory at CA2: Velasco Lopez v. Decker
Posted on 27 Oct 2020 by Daniel M. Kowalski

Velasco Lopez v. Decker "The Government appeals from a judgment of the United States District Court for the Southern District of New York (Carter, J.), granting Carlos Alejandro Velasco Lopez’s petition for a writ of habeas corpus. Velasco... Read More

Tags: bond , detention , habeas

Partial Bond Habeas Victory: Onosamba-Ohindo v. Barr
Posted on 4 Sep 2020 by Daniel M. Kowalski

Onosamba-Ohindo v. Barr "Petitioners/plaintiffs Junior Onosamba-Ohindo (“Class Petitioner”) and Antonio Lopez Agustin (“Subclass Petitioner”) (collectively “Petitioners”) have filed a petition for a writ of habeas... Read More

CA9 on Bond: Two Cases (Apr. 7, 2020)
Posted on 7 Apr 2020 by Daniel M. Kowalski

Aleman Gonzalez v. Barr "In Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011) (Diouf II), a three-judge panel of our court applied the canon of constitutional avoidance to construe § 1231(a)(6) as requiring an individualized bond hearing... Read More

Tags: bond , detention

Another Judge Orders Release of ICE Prisoners: Coronel v. Decker
Posted on 27 Mar 2020 by Daniel M. Kowalski

Coronel v. Decker "Petitioners bring this writ of habeas corpus and complaint seeking immediate release from the custody of Immigration and Customs Enforcement (ICE). For the reasons that follow, the Court GRANTS their motion for a temporary restraining... Read More

CA9 (2-1) on Bond, Credible Fear: Padilla v. ICE
Posted on 27 Mar 2020 by Daniel M. Kowalski

Padilla v. ICE "In this interlocutory appeal, we consider whether the district court abused its discretion in granting a preliminary injunction ordering the United States to provide bond hearings to a class of noncitizens who were detained after... Read More

BIA on Bond, Flight Risk: Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020)
Posted on 18 Mar 2020 by Daniel M. Kowalski

Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020) The Immigration Judge properly determined that the respondent was a flight risk and denied his request for a custody redetermination where, although he had a pending application for asylum, he had no... Read More

Tags: bond , bia , flight risk

In Boston's Immigration Court, Bond!
Posted on 8 Jan 2020 by Daniel M. Kowalski

Maryam Saleh, The Intercept, Jan. 6, 2020 "For the first time in at least two decades, lawyers for U.S. Immigration and Customs Enforcement are required to justify the detainment of noncitizens who are awaiting court proceedings in New England... Read More

Due Process Bond Victory in Boston: Pereira Brito v. Barr
Posted on 27 Nov 2019 by Daniel M. Kowalski

Shannon Dooling, WBUR, Nov. 27, 2019 "A federal judge in Boston ruled Wednesday that it's unconstitutional for the federal government to place the burden of proof on undocumented immigrants in bond hearings. The decision from U.S. District... Read More

CA4 Upholds Habeas Victory: Guzman Chavez v. Hott
Posted on 11 Oct 2019 by Daniel M. Kowalski

Guzman Chavez v. Hott "The petitioners in this case are a class of noncitizens subject to reinstated removal orders, which generally are not open to challenge. The petitioners may, however, pursue withholding of removal if they have a reasonable... Read More

CA9 Rejects Trump Administration's Efforts to Deny Bond Hearing to Asylum-Seekers
Posted on 23 Jul 2019 by Daniel M. Kowalski

NWIRP, July 22, 2019 "Today, a federal appeals court ruled that asylum-seekers must continue to receive bond hearings while the court considers the Trump administration’s appeal to deny bond hearings with procedural protections to asylum... Read More

Tags: bond , nwirp , asylum