Immigration Law

Recent Posts

Immigration Court Innovation in NYC
Posted on 7 Nov 2013 by Daniel M. Kowalski

"Mr. Leyva was the first client in a new program that seeks to provide public defenders for all poor immigrants residing in New York who have been detained and are facing deportation. The initiative is the first of its kind in the country. Unlike... Read More

For Want of a Good Lawyer: Deportation Without Representation
Posted on 26 Dec 2011 by Daniel M. Kowalski

"In deciding who may stay and who must leave this country, the deportation process for immigrants tolerates unfairness at every turn. Current laws have denied basic due process protections to people held in immigration detention. And now, a... Read More

BIA on Egregious 4th Amendment Violation: Matter of Ixpec-Chitay (Unpub.)
Posted on 19 Sep 2013 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the suppression of evidence obtained by ICE officers who, during an early morning home raid, entered the respondent's home through windows without a search warrant or... Read More

Innovative Approaches to Immigrant Representation: Exploring New Partnerships
Posted on 27 Dec 2011 by Daniel M. Kowalski

CARDOZO LAW REVIEW VOLUME 33 DECEMBER 2011 NUMBER 2 Copyright © 2011 by Yeshiva University All rights reserved CONTENTS Symposium Innovative Approaches to Immigrant Representation: Exploring New Partnerships ... Read More

Banished for Life: Deportation of Juvenile Offenders as Cruel and Unusual Punishment
Posted on 14 Oct 2013 by Daniel M. Kowalski

"This Article weaves together the reasoning of two distinct lines of Supreme Court decisions to argue that: (1) deportation is a punishment under the law; and (2) the mandatory deportation of those deported due to a juvenile conviction violates the... Read More

Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation
Posted on 7 Dec 2011 by Daniel M. Kowalski

" This Article considers whether Padilla v. Kentucky might have implications beyond the question of what constitutes effective assistance of counsel, and specifically, whether Padilla might provide a basis for challenging current limitations... Read More

Unpub. BIA Competency Victory: Matter of Y-C-
Posted on 20 May 2012 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) appeals from the April 8, 2011, decision of an Immigration Judge terminating proceedings. On appeal, the DHS argues that the Immigration Judge erred by terminating proceedings because the DHS failed to establish... Read More