Immigration Law

Recent Posts

CA5 on Honduras, Asylum, Persecution, Social Group - Cabrera v. Sessions (May 7, 2018)
Posted on 7 May 2018 by Daniel M. Kowalski

Cabrera v. Sessions, May 7, 2018 - "In sum, we hold that the BIA erred in requiring Cabrera to prove past persecution to establish a claim based on a well-founded fear of future persecution; and, second, in recharacterizing Cabrera’s claimed... Read More

Texas Judge: Detainers Unconstitutional - Santoyo v. USA
Posted on 9 Jun 2017 by Daniel M. Kowalski

Jason Buch, San Antonio Express-News, June 8, 2017 - "The same San Antonio federal judge who will hear the lawsuits challenging the constitutionality of the state’s new “sanctuary cities” law ruled earlier this week in a separate... Read More

CA5 on CAT, Mexico, Willful Blindness, Color of Law - Iruegas-Valdez v. Yates
Posted on 24 Jan 2017 by Daniel M. Kowalski

Iruegas-Valdez v. Yates, Jan. 23, 2017 - ""[W]illful blindness” is not the only way to prove sufficient state action. The regulations specifically list a number of different avenues which the BIA failed to consider: torture occurs whenever... Read More

CA6 on APA Finality: Hosseini v. Johnson
Posted on 17 Jun 2016 by Daniel M. Kowalski

Hosseini v. Johnson, June 17, 2016 - "Appellant Mehrdad Hosseini (“Hosseini”) appeals the district court’s dismissal of his complaint for failure to state a claim. Hosseini sought review of the United States Citizenship and Immigration... Read More

Constitutional (Equal Protection) Citizenship Victory in Texas: Villegas-Sarabia v. Johnson
Posted on 19 Aug 2015 by Daniel M. Kowalski

"After careful consideration of the Petition and the memoranda supporting and opposing the Government’s Motion to Dismiss, the Court, for the reasons that follow, GRANTS IN PART AND DENIES IN PART the Government’s Motion to Dismiss, DECLARES... Read More

South Texas man wonders if he’s a citizen after Supreme Court ruling
Posted on 20 Jul 2017 by Daniel M. Kowalski

Jason Buch, San Antonio Express-News, July 20, 2017 - "The Supreme Court has left Leonardo Villegas’ citizenship in limbo. Things might be different if his mother had been born in Texas, like his father, but she was born and gave birth to... Read More

CA5 on Terrorist Activity Asylum/AOS Bar: Amrollah v. Napolitano
Posted on 5 Mar 2013 by Daniel M. Kowalski

"The government denied Amrollah’s application for permanent resident status after it concluded that Amrollah had engaged in terrorist activity under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) (2010) by providing material support to a Tier III... Read More