Immigration Law

Recent Posts

CA5 on Retroactivity: Lopez Ventura v. Sessions
Posted on 20 Oct 2018 by Daniel M. Kowalski

Lopez Ventura v. Sessions - "Because the application of § 1182(a)(2)(A)(i)(II) to Lopez Ventura is impermissibly retroactive, we grant the petition for review, reverse the order of the BIA, and remand for the BIA to determine whether Lopez Ventura... Read More

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

Judge Prado's Swan Song? (Hernandez v. Mesa Dissent)
Posted on 26 Mar 2018 by Daniel M. Kowalski

Paul W. Schmidt writes : "Judge Edward C. Prado is nor just “any” U.S. Circuit Judge. Among other things in his long and distinguished career, Judge Prado was the U.S. Attorney for the Western District of Texas during the Reagan Administration... Read More

CA4, En Banc, on Bivens for Border Killing: Hernandez v. Mesa
Posted on 21 Mar 2018 by Daniel M. Kowalski

Hernandez v. Mesa, Mar. 20, 2018 Majority : "Here, extending Bivens would interfere with the political branches’ oversight of national security and foreign affairs. ... the district court’s judgment of dismissal is AFFIRMED."... Read More

CA5 on Honduras, Asylum, Persecution, Social Group - Cabrera v. Sessions (May 7, 2018)
Posted on 7 May 2018 by Daniel M. Kowalski

Cabrera v. Sessions, May 7, 2018 - "In sum, we hold that the BIA erred in requiring Cabrera to prove past persecution to establish a claim based on a well-founded fear of future persecution; and, second, in recharacterizing Cabrera’s claimed... Read More

Fifth Circuit Panel, 2-1, Upholds DAPA Injunction: Texas v. USA
Posted on 10 Nov 2015 by Daniel M. Kowalski

Panel decision, Nov. 9, 2015 Majority (Smith, Elrod) - "Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing; they have established a substantial likelihood of... Read More

Fifth Circuit Shoots Down ICE Agents' DACA Lawsuit: Crane v. Johnson
Posted on 7 Apr 2015 by Daniel M. Kowalski

"The Agents allege that exercising deferred action violates federal law, because the law requires them to detain all illegal aliens for the purpose of placing the aliens in removal proceedings. The State of Mississippi alleges that the deferred action... Read More

Fifth Circuit: Border Agent Has Immunity For Shooting Death of Mexican Teen
Posted on 25 Apr 2015 by Daniel M. Kowalski

"The full Fifth Circuit on Friday ruled that the U.S. Border Patrol agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity and could not be sued by the teen’s family under... Read More

Information for Fifth Cir. Oral Argument, Apr. 17th, Texas v. USA
Posted on 8 Apr 2015 by Daniel M. Kowalski

"The Clerk’s Office, as directed by the court, provides the following information regarding oral argument in State of Texas, et al v. USA, et al (No. 15-40238). On Friday, April 17, 2015, the court will hear oral argument in this case in... Read More

Fifth Circuit, 2-1, Nixes Stay of DAPA Injunction
Posted on 26 May 2015 by Daniel M. Kowalski

"Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”... Read More

Supreme Court, 8-1, Reverses CA5: Reyes Mata v. Lynch
Posted on 15 Jun 2015 by Daniel M. Kowalski

"An alien ordered to leave the country has a statutory right to file a motion to reopen his removal proceedings. See 8 U. S. C. §1229a(c)(7)(A). If immigration officials deny that motion, a federal court of appeals has jurisdiction to consider... Read More

CA5 on Corporate Form I-9 (Remote) Attestation: ESSG v. OCAHO
Posted on 11 Aug 2016 by Daniel M. Kowalski

ESSG v. OCAHO, Aug. 11, 2016 - "We hold that, under the I-9 Form applicable in this enforcement action, corporate attestation was permissible. Thus, ESSG did not violate the law when one corporate representative in El Paso, Texas, examined original... Read More

CA5 on Admission, Status: Gomez v. Lynch
Posted on 6 Aug 2016 by Daniel M. Kowalski

Gomez v. Lynch, Aug. 5, 2016 - "After representing throughout the litigation that there was no record of Gomez’s purported 1993 admission (and asserting at oral argument that records from the relevant time period did not exist at all ), the... Read More