Immigration Law

Recent Posts

The Case Against Indefinite Detention - Hon. Jeffrey S. Chase
Posted on 6 Aug 2018 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Aug. 5, 2018 - "An amicus brief was recently filed on behalf of a group of 20 former Immigration Judges and BIA Members (including myself) in the case of Rodriguez et. al. v. Robbins . The case, which was remanded back to the... Read More

Texas Businesses File Pro-DACA Brief; Ending Program Would Cost Economy Billions
Posted on 25 Jul 2018 by Daniel M. Kowalski

Mark Curriden, Texas Lawbook, July 22, 2018 - "A federal lawsuit by Texas officials earlier this year seeking to order the end of the federal immigration program called the Deferred Act for Childhood Arrivals, or DACA, will have "immediate,... Read More

BIA Amicus Invitation - Conviction for Possession of Controlled Substance, Florida (Due Mar. 29, 2018)
Posted on 27 Feb 2018 by Daniel M. Kowalski

BIA, Feb. 27, 2018 - "Amicus Invitation No. 18-02-27 AMICUS INVITATION (CONVICTION FOR POSESSION OF A CONTROLLED SUBSTANCE IN FLORIDA), DUE March 29, 2018 FEBRUARY 27, 2018 The Board of Immigration Appeals welcomes interested members of... Read More

14 Former IJs and BIA Members File Amicus Brief with AG - Jeffrey S. Chase
Posted on 5 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 4, 2018 - "On February 16, the law firm of Akin Gump Strauss Hauer & Feld LLP filed an amicus curiae (i.e. “friend of the court”) brief on behalf of 14 former immigration judges and BIA board members with Attorney... Read More

Cities, Counties Ask Appeals Court To Let Obama Immigration Programs Move Forward
Posted on 7 Apr 2015 by Daniel M. Kowalski

"Leaders from more than 70 cities and counties, some going against their states, joined a legal brief filed Monday asking an appeals court to allow President Barack Obama's deportation relief policies to move forward. "Continuing to delay... Read More

Current and Former Members of Congress to Supremes: The CSPA Means What We Said!
Posted on 25 Nov 2013 by Daniel M. Kowalski

"Amici curiae are a bipartisan coalition of Members of Congress who were serving in 2002, when the Child Status Protection Act (CSPA) was passed. The Members care deeply about the preservation of family unity among immigrant families and the fairness... Read More

DHS Brief in Matter of L-A- (Family as PSG)
Posted on 12 May 2016 by Daniel M. Kowalski

CLINIC (Bradley Jenkins) writes: "CLINIC recently received word from counsel of record in Matter of L-A- (also known as the "family as particular social group" amicus invitation from the Board ) that DHS has filed their supplemental brief... Read More

Padilla Retroactivity Supreme Court Amicus Brief - Case Examples Needed
Posted on 12 Jun 2012 by Daniel M. Kowalski

Stephen W. Manning writes: "AILA's Amicus Committee seeks case examples for a brief to be filed at the Supreme Court in Chaidez v. United States . In Chaidez, the Court will address whether its decision in Padilla v. Kentucky may be applied... Read More

Tags: amicus , brief , aila , chaidez

AILA Files CA9 Amicus Brief in Consular Non-Reviewability Case
Posted on 15 May 2014 by Daniel M. Kowalski

"This brief presents a collection of case examples that AILA has compiled from attorneys whose clients have been denied visas based on decisions untethered to facially legitimate or bona fide reasons. Through these stories, AILA seeks to illustrate... Read More

BIA Calls for Amicus Briefs on Family as Particular Social Group - Deadline Feb. 10, 2016
Posted on 11 Jan 2016 by Daniel M. Kowalski

BIA, Jan. 11, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED: (1) Where an asylum applicant has demonstrated persecution because of... Read More

Advocates File Supreme Court Amicus Brief in CODV Case
Posted on 24 Dec 2013 by Daniel M. Kowalski

"This brief respectfully emphasizes to the Court that a ruling reversing the Court of Appeals based on a broad reading of “misdemeanor crime of domestic violence” could have profound effects on immigration law. These include the unintended... Read More

Supreme Court Amicus Briefs Filed in 212(c) Cert. Pet. - Acebo-Leyva v. Holder
Posted on 27 Feb 2014 by Daniel M. Kowalski

"On Monday, twenty-six law professors from around the country urged the United States Supreme Court to grant certiorari to resolve crucial questions of how lower courts should analyze the retroactive application of immigration laws. The amicus brief... Read More

BIA Amicus Brief Invitation: Commitment to Mental Health Facility (Due July 21, 2016)
Posted on 21 Jun 2016 by Daniel M. Kowalski

BIA, June 21, 2016 - "Amicus Invitation No. 16-06-21 AMICUS INVITATION (COMMITMENT TO MENTAL HEALTH FACILITY), DUE JULY 21, 2016 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing... Read More

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz
Posted on 16 Feb 2015 by Daniel M. Kowalski

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In... Read More

ACLU / NWIRP Joint Practice Advisory: Conditional Parole
Posted on 28 Jan 2015 by Daniel M. Kowalski

DHS Files Brief to the BIA Acknowledging that IJs May Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond "On January 21, 2015, the Department of Homeland Security (“DHS”) filed... Read More