Immigration Law

Recent Posts

Citizenship Discrimination Settlements (CarMax, Axis Analytics, Capital One Bank, Walmart)
Posted on 22 Sep 2022 by Daniel M. Kowalski

DOJ, Sept. 21, 2022 "The Department of Justice today announced that it entered into another four settlements to resolve claims that companies discriminated against non-U.S. citizens by posting job opportunities with unlawful citizenship status... Read More

CA5 on Statutory Birthright Citizenship: Garza-Flores v. Mayorkas
Posted on 27 Jun 2022 by Daniel M. Kowalski

Garza-Flores v. Mayorkas "For years, Petitioner Javier Garza-Flores did not believe he had a valid claim to U.S. citizenship. But now he thinks that he does. And he has presented documentary evidence sufficient to demonstrate, at a minimum, a genuine... Read More

Another MAVNI Victory: Miriyeva v. USCIS
Posted on 22 Mar 2022 by Daniel M. Kowalski

Miriyeva v. USCIS "Plaintiff filed this action under 8 U.S.C. § 1421(c) seeking judicial review of USCIS’s determination that she is ineligible to naturalize based on her “uncharacterized” discharge. ... Plaintiff plausibly... Read More

MAVNI Victory in Minn. - Alam v. USCIS
Posted on 21 Mar 2022 by Daniel M. Kowalski

Alam v. USCIS "Alam enlisted in the United States Army through MAVNI — a program to provide an expedited path to citizenship for immigrant soldiers with specialized skills. The Army discharged Alam from service for medical reasons and gave... Read More

Prof. Anna W. Shavers, R.I.P.
Posted on 26 Jan 2022 by Daniel M. Kowalski

Amber Ediger, Troy Fedderson, Nebraska Today, Jan. 26, 2022 "Anna Williams Shavers, 75, Cline Williams Professor of Citizenship Law and associate dean for diversity and inclusion in the College of Law, died Jan. 22. A tireless advocate for inclusion... Read More

Americans Seeking Expatriation File Suit
Posted on 31 Dec 2021 by Daniel M. Kowalski

Ed Pilkington, The Guardian, Dec. 31, 2021 "For almost two years, since the pandemic struck in March 2020, most US consular missions around the world have suspended their expatriation services for those wishing to give up US citizenship. The US... Read More

Amazing Citizenship Victory: Brito Sanchez v. Garland
Posted on 21 Dec 2021 by Daniel M. Kowalski

Brito Sanchez v. Garland "Brito has produced the necessary evidence to meet the “preponderance of the evidence” standard articulated in Giha , supra . His mother Ms. Lopez testified he was born in California, an obviously relevant fact... Read More

What You Should Know About the US Undocumented and Eligible-to-Naturalize Populations
Posted on 9 Aug 2021 by Daniel M. Kowalski

Center for Migration Studies of New York, Aug. 4, 2021 "The Center for Migration Studies of New York (CMS) has released its most recent estimates on the undocumented and eligible-to-naturalize immigrant populations in the United States. CMS estimates... Read More

Making Citizenship an Organizing Principle of the US Immigration System
Posted on 9 Aug 2021 by Daniel M. Kowalski

Donald Kerwin, Robert Warren, Charles Wheeler, June 2, 2021 "This paper proposes that the United States treat naturalization not as the culmination of a long and uncertain individual process, but as an organizing principle of the US immigration... Read More

CADC on Expatriation, APA: Farrell v. Blinken
Posted on 14 Jul 2021 by Daniel M. Kowalski

Farrell v. Blinken "While United States citizenship is one of the most sought after in the world, American citizens sometimes choose to relinquish this privilege and place their allegiance elsewhere. Congress has specified the actions that will... Read More

Split CA10 on Citizenship, American Samoa: Fitisemanu v. US
Posted on 16 Jun 2021 by Daniel M. Kowalski

Fitisemanu v. US "For over a century, the land of American Samoa has been an American territory, but its people have never been considered American citizens. Plaintiffs, three citizens of American Samoa, asked the district court in Utah to upend... Read More

CA5 Denaturalizes Former Salvadoran Military Officer: USA v. Vasquez
Posted on 11 Jun 2021 by Daniel M. Kowalski

USA v. Vasquez "Arnoldo Antonio Vasquez, a former Salvadorian military officer, is now a naturalized American citizen. Based on his role in extrajudicial killings and a subsequent cover-up occurring during armed conflict in El Salvador, the government... Read More

Cyrus Mehta: DOS Guidance on ART is Welcome
Posted on 2 Jun 2021 by Daniel M. Kowalski

Cyrus Mehta, June 2, 2021 "On May 18, 2021, the State Department issued guidance broadening the path for transmission of US citizenship to a child born abroad to married parents. The guidance is reproduced below: Recognizing the advances in... Read More

DOS on U.S. Citizenship Transmission and Assisted Reproductive Technology
Posted on 19 May 2021 by Daniel M. Kowalski

State Department, May 18, 2021 "Recognizing the advances in assisted reproductive technology (ART), the State Department is updating our interpretation and application of Section 301 of the Immigration and Nationality Act (INA), which establishes... Read More

CA9, En Banc, on Derivative Citizenship: Cheneau v. Garland
Posted on 13 May 2021 by Daniel M. Kowalski

Cheneau v. Garland "We voted to rehear this case en banc to consider the requirements for two different pathways by which a child of a naturalized citizen parent can derive U.S. citizenship under former 8 U.S.C. § 1432(a)(5) (1994) (repealed... Read More