Immigration Law

Recent Posts

Prof. Nancy Morawetz: Will the Confession of Error in Brown Once Again Block the Courthouse Door?
Posted on 22 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 22, 2020 "The mystery of the Brown v. Barr case (see yesterday’s blog) was partially solved when Marcia Coyle at the National Law Journal obtained a copy. See Download Brown . It is still not available on any public... Read More

Cert. Granted in 'Stop-Time Rule' Case: Barton v. Barr
Posted on 22 Apr 2019 by Daniel M. Kowalski

Sup. Ct. No. 18-725 Issue : Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1). Links... Read More

Breaking: Supremes Grant Cert. in USA v. Texas, Add Question
Posted on 19 Jan 2016 by Daniel M. Kowalski

United States Supreme Court, Order List, Jan. 19, 2016 - "15-674 UNITED STATES, ET AL. V. TEXAS, ET AL. - The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief... Read More

Supreme Court Declines Immigration Cases
Posted on 3 Mar 2014 by Daniel M. Kowalski

"The U.S. Supreme Court on Monday rejected attempts by towns in Texas and Pennsylvania to revive local laws that cracked down on illegal immigration. The court decided against hearing appeals filed by the towns of Farmers Branch, Texas, and Hazleton... Read More

Cert. Pet. Filed in CA5 DAPA Challenge: U.S.A. v. Texas
Posted on 20 Nov 2015 by Daniel M. Kowalski

Petition for Writ of Certiorari - "The Department of Homeland Security has long engaged in “a regular practice * * * known as ‘deferred action,’” in which the Secretary “exercis[es] [his] discretion” to forbear... Read More

Hazleton, Farmers Branch Petition USSC for Writs of Certiorari
Posted on 2 Nov 2013 by Daniel M. Kowalski

"A city in Pennsylvania and one in Texas have petitioned the U.S. Supreme Court to consider whether they are allowed to enact legislation preventing those illegally living in the country from renting property in their cities — and in the Pennsylvania... Read More

Supreme Court Grants Cert. in Immigration Case: Lee v. U.S.
Posted on 16 Dec 2016 by Daniel M. Kowalski

Lee v. United States, No. 16-327, SCOTUSblog Issue: Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding strong... Read More

Sup. Ct. Cert. Pet. Asks: Who Determines Birth on U.S. Soil? - Sanchez v. Kerry
Posted on 24 May 2016 by Daniel M. Kowalski

Sanchez v. Kerry, No. 15-1395, filed May 12, 2016 - "From the foundation of this country, it has been the States, and not the federal government, who determine which individuals are born within their boundaries. The Constitution does not allow the... Read More

Cert. Granted in CA9 Consular Nonreviewability Case: Kerry v. Din (DOS Asks for Rubber Stamp)
Posted on 3 Oct 2014 by Daniel M. Kowalski

13-1402 KERRY V. DIN CERT. GRANTED 10/2/2014 QUESTION PRESENTED: 1. Whether a consular officer's refusal of a visa to a U.S. citizen's alien spouse impinges upon a constitutionally protected interest of the citizen. 2. Whether respondent... Read More

Cert. Denied in Maryland Immigrant Arrest Case: Frederick County Bd. of Comm. v. Orellana Santos
Posted on 25 Mar 2014 by Daniel M. Kowalski

"The U.S. Supreme Court declined Monday to review a Frederick County case in which a woman challenged local authorities' power to arrest her on an immigration violation, cementing her victory in a case that has been closely watched by both sides... Read More

Cert. Pet. Filed in CA5 Internal Checkpoint Case: Rynearson v. Lands
Posted on 18 Aug 2015 by Daniel M. Kowalski

CA5 majority : "[W]e conclude that these governmental officials, at worst, made reasonable but mistaken judgments when presented with an unusually uncooperative person, unusual at least in the facts described in any of the caselaw." Dissent... Read More

Supreme Court Grants Cert. in CSPA Case: Mayorkas v. Cuellar de Osorio
Posted on 24 Jun 2013 by Daniel M. Kowalski

The order list granting ten cases for nine arguments, including on the issues of recess appointments and abortion protests, is here. Issue: (1) Whether Section 1153(h)(3) of the Immigration and Nationality Act– which provides rules for determining... Read More

Supreme Court Declines to Wade Into Preemption Question of Immigration Versus Workers' Compensation Benefits
Posted on 9 Mar 2011 by LexisNexis Immigration Law Community Staff

Last week the U.S. Supreme Court declined to review a case from Louisiana concerning workers' compensation benefits for an injured worker who was an illegal alien, and whether the Immigration Reform and Control Act of 1986 preempts state law awards... Read More