Immigration Law

Recent Posts

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

Court Blocks Matter of M-S-; Detained Asylum Applicants May Seek Bond
Posted on 3 Jul 2019 by Daniel M. Kowalski

In Matter of M-S- (slated to take effect in mid-July) Attorney General Barr stated: "I read [INA] section 235(b)(1)(B)(ii) to mandate detention (i) for the purpose of ensuring additional review of an asylum claim, and (ii) for so long as that review... Read More

Tags: bond , detention , barr , asylum

Habeas Victory in SDNY: Martinez v. McAleenan
Posted on 17 Jun 2019 by Daniel M. Kowalski

Martinez v. McAleenan "Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S. since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and Customs Enforcement ("ICE"... Read More

Matter of M-S- and the Continuing Battle Over ‘Zero Tolerance’
Posted on 30 May 2019 by Daniel M. Kowalski

Andrew Patterson, May 29, 2019 "Asylum seekers who have passed their credible fear interviews—those whom immigration officers find have viable asylum claims—may no longer have access to an important protection against prolonged imprisonment... Read More

Law360 - AG's Bond Restrictions May Run Afoul Of Constitution
Posted on 18 Apr 2019 by Daniel M. Kowalski

Nicole Narea, Law360, Apr. 17, 2019 "U.S. Attorney General William Barr's recent decision to restrict certain asylum-seekers from being released on bond vastly expands the Trump administration's detention capabilities, but scholars warn... Read More

Tags: bond , barr , Law360 , asylum

A.G. Barr Overrules Matter of X-K-, Delays Effective Date 90 Days: Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Posted on 16 Apr 2019 by Daniel M. Kowalski

Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019) (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing... Read More

Groundbreaking Federal Court Decision Requires Prompt Bond Hearings or Release for Certain Asylum-Seekers
Posted on 6 Apr 2019 by Daniel M. Kowalski

NWIRP, Apr. 5, 2019 "Today, in a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered... Read More

Report: False “Gang Allegations” Deny NY Teens’ Access to Immigration Status and Bond Services
Posted on 19 Feb 2019 by Daniel M. Kowalski

NYIC Feb. 13, 2019 "The New York Civil Liberties Union and the New York Immigration Coalition released a new report today documenting how allegations of gang membership, no matter how vague or flimsy, can lead to the denial of immigration relief... Read More

TRAC Tracks Immigration Court Bond Hearings, Case Outcomes
Posted on 15 Feb 2019 by Daniel M. Kowalski

TRAC, Feb. 12, 2019 "Given the increased public discussion over who ICE should detain and how long they should remain detained, TRAC has developed a new web query bond outcomes tool . The tool allows users to drill in to examine, month-by-month... Read More

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

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

Sessions Switches Horses on Matter of X-K- Query
Posted on 15 Oct 2018 by Daniel M. Kowalski

See: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)(Sept. 18, 2018) Matter of M-G-G-, 27 I&N Dec. 475 (A.G. 2018)(Oct. 12, 2018) and Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)(Oct. 12, 2018) Read More

CA3 on Detention, Bond - Guerrero-Sanchez v. Warden
Posted on 27 Sep 2018 by Daniel M. Kowalski

Guerrero-Sanchez v. Warden - "[T]his case requires us to decide a novel question of immigration law in this Circuit: is the detention of an alien, such as Guerrero-Sanchez, who has a reinstated order of removal but is also pursuing withholding-only... Read More

A.G. Sessions Questions Matter of X-K-, Asks for Amicus Briefs: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)
Posted on 19 Sep 2018 by Daniel M. Kowalski

Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018) "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision... Read More

Immigration Court Bonds Rise Under Trump
Posted on 29 Jun 2018 by Daniel M. Kowalski

Daniel Bush, PBS, June 28, 2018 - "Federal judges are setting unusually large bonds for detained immigrants, immigration attorneys say, including for parents who were separated from their children at the border, a shift that has delayed the parents’... Read More