Immigration Law

Recent Posts

CA9 on Travel Ban: Hawaii v. Trump (Sept. 7, 2017)
Posted on 8 Sep 2017 by Daniel M. Kowalski

Hawaii v. Trump, Sept. 7, 2017 - "We are asked to review the district court’s modified preliminary injunction, which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters... Read More

CA9 Strikes Down Trump Travel Ban on Statutory Grounds
Posted on 12 Jun 2017 by Daniel M. Kowalski

Hawaii v. Trump, June 12, 2017 - "We are asked to delineate the statutory and constitutional limits to the President’s power to control immigration in this appeal of the district court’s order preliminarily enjoining two sections of Executive... Read More

CA9 on CIMT, Retroactivity - Garcia-Martinez v. Sessions
Posted on 9 Apr 2018 by Daniel M. Kowalski

Garcia-Martinez v. Sessions "Perhaps the BIA slumbered for many decades while other authorities were wisely updating the law so that theft offenses would net individuals other than those who intended to literally permanently deprive others of... Read More

CA9 on Motions to Reopen - Miller v. Sessions (May 8, 2018)
Posted on 8 May 2018 by Daniel M. Kowalski

Miller v. Sessions (May 8, 2018) - "The question presented in this case is what happens when ... two statutory provisions collide? If DHS reinstates a removal order that was entered in absentia, can the noncitizen still file a motion to reopen under... Read More

CA9 on 'Wave Through' as Admission 'In Any Status' - Saldivar v. Sessions
Posted on 8 Nov 2017 by Daniel M. Kowalski

Saldivar v. Sessions, Nov. 7, 2017 - "Saldivar was “admitted” in 1993 when he was waved across the border after inspection by an immigration officer. Therefore, we must address only whether this “admission” was “in any... Read More

CA9 on REAL ID, Credibility: Dai v. Sessions
Posted on 9 Mar 2018 by Daniel M. Kowalski

Dai v. Sessions, Mar. 8, 2018 - "Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The... Read More

Ninth Circuit Upholds Injunction Against Sheriff Joe Arpaio, Profiling: Melendres II
Posted on 15 Apr 2015 by Daniel M. Kowalski

"The panel affirmed in part and vacated in part the district court’s permanent injunction and remanded in an action against Sheriff Joseph M. Arpaio and the Maricopa County Sheriff’s Office alleging that defendants have a custom, policy... Read More

CA9 Remands Valenzuela Gallardo
Posted on 31 Mar 2016 by Daniel M. Kowalski

Valenzuela Gallardo v. Lynch, Mar. 31, 2016 - "Augustin Valenzuela Gallardo, a citizen of Mexico, pleaded guilty to violating California Penal Code § 32, accessory to a felony. An immigration judge (IJ) ordered him removed to Mexico, concluding... Read More

CA9 on Mandatory Detention, 'When...Released' - Preap v. Johnson
Posted on 5 Aug 2016 by Daniel M. Kowalski

Preap v. Johnson, Aug. 4, 2016 - "Under the plain language of 8 U.S.C. § 1226(c), the government may detain without a bond hearing only those criminal aliens it takes into immigration custody promptly upon their release from triggering criminal... Read More

Ninth Circuit Says Federal Immigration Law Preempts Arizona's Attempt to Deny DLs to DACA Recipients: ADAC v. Brewer
Posted on 6 Apr 2016 by Daniel M. Kowalski

ADAC v. Brewer, Apr. 5, 2016 - "In sum, we find that DACA recipients are similarly situated in all relevant respects to other noncitizens eligible for drivers’ licenses under Arizona’s policy. And Arizona’s refusal to rely on EADs... Read More

En Banc CA9 on Burden of Proof, Citizenship: Mondaca-Vega III
Posted on 15 Dec 2015 by Daniel M. Kowalski

Is the 84-year-old petitioner a native-born U.S. citizen or a deportable Mexican? A deeply-divided en banc court denied the petition for review. Mondaca-Vega III, Dec. 15, 2015 . Read More

CA9 on Arizona ID Theft Laws, Preemption: Puente Arizona v. Arpaio
Posted on 2 May 2016 by Daniel M. Kowalski

Puente Arizona v. Arpaio, May 2, 2016 - "An immigrant advocacy organization, Puente Arizona, along with individual unauthorized aliens and taxpayers of Maricopa County (collectively “Puente”), challenge provisions of Arizona’s identity... Read More

Live Stream CA9 Oral Argument, Wa. & Minn. v. Trump, Tues., Feb. 7, 2017, 3:00 P.M. PST (Audio Only)
Posted on 7 Feb 2017 by Daniel M. Kowalski

CA9, Feb. 6, 2017 - "The live audio stream can be accessed on the court’s public web site at the bottom of the page under the subheading “Live Streaming Oral Arguments,” or from the “Cases of Interest Page” nearer the... Read More

CA9 Keeps Travel Ban TRO In Place; Trump Stay Request Denied (Feb. 9, 2017)
Posted on 9 Feb 2017 by Daniel M. Kowalski

"At issue in this emergency proceeding is Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” which, among other changes to immigration policies and procedures, bans for 90 days the entry... Read More

USA to CA9: Let DREAMers Drive - (links updated)
Posted on 29 Aug 2015 by Daniel M. Kowalski

Howard Fischer, Capitol Media Services, Aug. 28, 2015 - "The Obama administration late Friday urged federal judges to spurn efforts by Arizona to once again deny licenses to drive to “Dreamers.” Assistant Attorney General Lindsey... Read More