Immigration Law

Recent Posts

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

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