Immigration Law

Recent Posts

What separation from parents does to children: ‘The effect is catastrophic’
Posted on 19 Jun 2018 by Daniel M. Kowalski

William Wan, Washington Post, June 18, 2018 - "This is what happens inside children when they are forcibly separated from their parents. Their heart rate goes up. Their body releases a flood of stress hormones such as cortisol and adrenaline. Those... Read More

Court Orders Immediate Reunification of Mother, Son: Souza v. Sessions (June 28, 2018)
Posted on 29 Jun 2018 by Daniel M. Kowalski

Preliminary Injunction Order, June 28, 2018 - "Plaintiffs’ motion for a temporary restraining order and preliminary injunction is granted. ... Continued separation of D.F., a nine year-old child, and Souza irreparably harms them both. ... this... Read More

The Price For Deporting an American Child? $32K (Ruiz v. USA)
Posted on 5 Jul 2015 by Daniel M. Kowalski

AIC writes - "Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor... Read More

Matter of Isidro-Zamorano, ID 3756, 25 I&N Dec. 829 (BIA 2012)
Posted on 15 Jun 2012 by Daniel M. Kowalski

Matter of Isidro-Zamorano, ID 3756, 25 I&N Dec. 829 (BIA 2012) - An applicant for cancellation of removal whose son or daughter met the definition of a “child” when the application was filed but turned 21 before the Immigration Judge adjudicated... Read More

Cyrus D. Mehta: Winter Blues - Freezing the Age of a Child under the Dec. 2015 Visa Bulletin
Posted on 7 Dec 2015 by Daniel M. Kowalski

Cyrus D. Mehta, Dec. 6, 2015 - "While there has been no official guidance, and many of the practice advisories issued make scant reference, it is important that we advocate that the age of the child also be protected under the CSPA at the time that... Read More

Cyrus D. Mehta on Ethical Obligations of Lawyers Who Represent Toddlers
Posted on 13 Mar 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Mar. 13, 2016 - " There has been a justifiable sense of shock and outrage after a senior immigration judge testified in a legal proceeding that three- and four-year-olds could represent themselves in complex removal proceedings. This... Read More

Tags: mehta , child , ethics , lawyer

Free the Children: Don't Automatically Impute LPR Abandonment to Minors
Posted on 2 Dec 2013 by Daniel M. Kowalski

"It is no longer fair to reflexively impute the abandonment of a parent’s LPR status onto a child, especially in situations where the child has expressed an intent contrary to the parent." - Cyrus D. Mehta, Dec. 1, 2013 . Read More

Matter of A-Y-M-, ID 3750, 25 I&N Dec. 791 (BIA 2012)
Posted on 8 May 2012 by Daniel M. Kowalski

Matter of A-Y-M-, ID 3750, 25 I&N Dec. 791 (BIA 2012) - Following the enactment of the Child Status Protection Act, Pub. L. No. 107-208, 116 Stat. 927 (2002), an unmarried alien seeking derivative asylum status based on the approval of his or her... Read More

Tags: cspa , 3750 , a-y-m- , bia , child , derivative

BIA on Sec. 101(c)(1) Legitimated Child: Matter of Cross, 26 I&N Dec. 485 (BIA 2015)
Posted on 13 Feb 2015 by Daniel M. Kowalski

Official Headnote: A person born out of wedlock may qualify as a legitimated “child” of his or her biological parents under section 101(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship... Read More

Cyrus D. Mehta: EB-3 to EB-2 BOOST MAY NOT PROTECT YOUR CHILD UNDER THE CHILD STATUS PROTECTION ACT
Posted on 22 Oct 2011 by Daniel M. Kowalski

"If the EB-3 for India is truly expected to take 70 years before a green card materializes, a foreign national being sponsored today with a 1 year old child will have absolutely no hope of protecting the age of this child under the CSPA!"... Read More

Tags: cspa , eb-3 , mehta , India , child