Immigration Law

Recent Posts

CA11 on Divisibility, AggFel - Cintron v. U.S. Atty. Gen.
Posted on 21 Feb 2018 by Daniel M. Kowalski

Cintron v. U.S. Atty. Gen. - "Natalia Cintron petitions for review of a Board of Immigration Appeals (“BIA”) decision denying her application for cancellation of removal from the United States and ordering that removal. The BIA concluded... Read More

CA11 on Waiver Authority: Meridor v. U.S. Attorney General
Posted on 8 Jun 2018 by Daniel M. Kowalski

Meridor v. U.S. Attorney General - "Finest Meridor, a native and citizen of Haiti, seeks review of the Board of Immigration Appeals’ (BIA) final order of removal. That order vacated the order of an immigration judge (IJ), which had granted... Read More

CA11 on Divisibility, AggFel - Ulloa Francisco v. U.S. Atty. Gen.
Posted on 13 Mar 2018 by Daniel M. Kowalski

Ulloa Francisco v. U.S. Atty. Gen. - "In the case before us, the AG proved that the alien, a lawful permanent resident, was removable for having been convicted of a felony related to drug trafficking. INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227... Read More

Will H-2B Circuit Split End Up at Supreme Court?
Posted on 9 Nov 2015 by Daniel M. Kowalski

The U.S. Courts of Appeal for the Tenth and Eleventh Circuits see the H-2B program very differently. Compare G.H. Daniels v. Perez (CA10) with Bayou Lawn v. DOL (CA11). Read More

Tags: daniels , ca11 , bayou , ca10 , H-2B

CA11 on Prolonged ICE Detention, Bivens, Jurisdiction: Alvarez v. ICE
Posted on 25 Mar 2016 by Daniel M. Kowalski

Alvarez v. ICE, Mar. 24, 2016 - "Although we hold that § 1252(g) does not bar us from considering the merits of Alvarez’s claim, we also find that no Bivens remedy is available to him, both because the Immigration and Nationality Act sets... Read More

Federal Court Blocks Most of GA, AL Anti-Immigrant Laws
Posted on 22 Aug 2012 by Daniel M. Kowalski

"A federal appeals court today blocked key provisions of Alabama and Georgia’s anti-immigrant laws. Significantly, the U.S. Court of Appeals for the 11th Circuit found that section 28 of Alabama’s law which requires the immigration verification... Read More

Tangled H-2B Web - Update
Posted on 4 Apr 2013 by Daniel M. Kowalski

Angelo A. Paparelli writes : "This post -- originally published on March 31, 2013 -- is a guest column ( updated on April 3, 2013 ) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services. The original... Read More

CA11 on 212(h): Lawal v. U.S. Attorney General
Posted on 1 Mar 2013 by Daniel M. Kowalski

"It is thus unclear whether the BIA’s current interpretation of § 212(h)—that an alien seeking § 212(h) relief who has not filed an adjustment of status application must remain “outside our borders while applying for relief”—overrules... Read More

CA11 on Equitable Tolling: Ruiz-Turcios II
Posted on 24 May 2013 by Daniel M. Kowalski

"In light of this Court’s en banc decision in Avila-Santoyo v. U.S. Att’y Gen., —F.3d. —, No. 11-14941, 2013 WL 1499419 (11th Cir. Apr. 12, 2013), and upon panel rehearing, we previously vacated our original panel opinion... Read More

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS
Posted on 23 Sep 2014 by Daniel M. Kowalski

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’... Read More

CA11 on 212(h): Rivas v. U.S. Attorney General
Posted on 3 Sep 2014 by Daniel M. Kowalski

"This petition for review requires us to decide whether a deportable alien who has left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility. See Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182... Read More

CA11 (En Banc) on Equitable Tolling: Avila-Santoyo v. U.S. Atty. Gen. (Abdi Overruled)
Posted on 14 Apr 2013 by Daniel M. Kowalski

"[W]e overrule our circuit precedent in Abdi, and now hold that the 90-day time limit to file a motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(i) is not jurisdictional. ... [W]e agree with every other circuit to have addressed this issue and... Read More

CA11 on Theft, Fraud, Consent...and Inconsistent BIA Rulings: Vassell v. U.S. Atty. Gen.
Posted on 13 Jun 2016 by Daniel M. Kowalski

Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell... Read More

CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.
Posted on 16 Jun 2016 by Daniel M. Kowalski

Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of... Read More

11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules
Posted on 1 Apr 2013 by Daniel M. Kowalski

" Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural... Read More