Immigration Law

Recent Posts

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

CA3 on Materiality, AggFel - Wang v. Attorney General
Posted on 1 Aug 2018 by Daniel M. Kowalski

Wang v. Attorney General - "Wang pleaded guilty to violating the Commodity Exchange Act (CEA) by Making a False Report in Connection with a Commodities Transaction in violation of 7 U.S.C. § 6b(a)(1)(B) and § 13(a)(2). ... Wang challenges... Read More

Setback for 'Social Group' at CA3 - S.E.R.L. v. Attorney General
Posted on 3 Jul 2018 by Daniel M. Kowalski

S.E.R.L. v. Attorney General - "In this immigration case, we consider the term “particular social group,” which is part of the definition of “refugee” in the Immigration and Nationality Act (“INA”), 8 U.S.C. §... Read More

Major Suspension Clause Victory at CA3: Osorio-Martinez v. Attorney General
Posted on 19 Jun 2018 by Daniel M. Kowalski

Osorio-Martinez v. Attorney General - "Because we conclude that the INA strips the federal courts of jurisdiction to review Petitioners’ challenge to their expedited removal orders, we must confront a second question, this one of constitutional... Read More

Fewer Rights in Pennsylvania than Guantanamo: Some Reactions to Castro v. DHS - David Isaacson
Posted on 14 Sep 2016 by Daniel M. Kowalski

David Isaacson, Sept. 13, 2016 - " On August 29, 2016, the Court of Appeals for the Third Circuit issued its decision in Castro v. Dept. of Homeland Security , a consolidated set of habeas corpus petitions brought by asylum-seekers subject to expedited... Read More

CA3 Agrees With CA7, Strikes Down K-4 Visa Reg: Cen v. Atty. Gen.
Posted on 7 Jun 2016 by Daniel M. Kowalski

Cen v. Atty. Gen., June 6, 2016 - "The Immigration and Nationality Act (INA) allows a child under the age of twenty-one whose alien parent has married a U.S. citizen abroad to obtain a temporary “K-4” visa to accompany her parent to the... Read More

CA3 Orders ICE to Find and Return Deported Mother and Daughter from Guatemala
Posted on 20 Jun 2015 by Daniel M. Kowalski

"U.S. Court of Appeals judge has ordered* U.S. officials to intercept a mother and her 12-year-old daughter on plane Friday being deported to Guatemala and immediately return them to the United States. The 34-year-old mother, Ana, and her daughter... Read More

CA3 on Religious Worker Visa Regulation: Shalom Pentecostal Church v. DHS
Posted on 9 Apr 2015 by Daniel M. Kowalski

"The Third Circuit on Tuesday upheld a New Jersey federal judge's order striking down a regulation by the U.S. Citizenship and Immigration Service requiring religious worker visa applicants to be performing such work only while legally authorized... Read More

CA3 on Exclusionary Rule: Oliva-Ramos v. Atty. Gen.
Posted on 13 Sep 2012 by Daniel M. Kowalski

"Erick Oliva-Ramos petitions for review of an order of the Board of Immigration Appeals affirming an Immigration Judge‘s order removing him to Guatemala. He also seeks review of the BIA‘s denial of his motion to supplement the record... Read More

CA3 on Honduras, Withholding: Mendoza-Ordonez v. Atty. Gen.
Posted on 24 Aug 2017 by Daniel M. Kowalski

Mendoza-Ordonez v. Atty. Gen. - "[W]e are convinced that evidence of the politically motivated death threats, the inaction on Mendoza’s complaints, a perpetrator and judge who shared a political affiliation in opposition to that of Mendoza... Read More

CA3 on CIMT: Mahn v. Attorney General
Posted on 17 Sep 2014 by Daniel M. Kowalski

"Emmanuel Mahn petitions for review of his final order of removal and contends that his Pennsylvania conviction for reckless endangerment is not a crime involving moral turpitude (“CIMT”). Applying the categorical approach, we conclude... Read More

CA3 on Habeas, Suspension Clause: Castro v. DHS
Posted on 29 Aug 2016 by Daniel M. Kowalski

Castro v. DHS, Aug. 29, 2016 - "We hold that, at least as applied to Petitioners and other similarly situated aliens, § 1252 does not violate the Suspension Clause. Consequently, we will affirm the District Court’s order dismissing Petitioners’... Read More

CA3 on Credibility, Clear Error: Alimbaev v. Atty. Gen.
Posted on 25 Sep 2017 by Daniel M. Kowalski

Alimbaev v. Atty. Gen., Sept. 25, 2017 - "This disconcerting case, before our Court for the second time, has a lengthy procedural history marked by conflict between the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ) and fueled... Read More

CA3 Upholds 2011 H-2B Wage Rule: Louisiana Forestry v. DOL
Posted on 5 Feb 2014 by Daniel M. Kowalski

"Appellants, a group of associations representing employers in non-agricultural industries, claim that the Department of Labor exceeded its authority by enacting a regulation governing the calculation of the minimum wage a U.S. employer must offer... Read More

CA3 on habeas, bond, detention: Leslie v. Atty. Gen.
Posted on 19 Mar 2012 by Daniel M. Kowalski

"Petitioner Neville Leslie, a Jamaican alien, has been incarcerated since March 28, 2008 without a bond hearing. He now seeks a bond hearing as provided by 8 U.S.C. § 1226, contending that his continued detention by United States Immigration... Read More