Immigration Law

Recent Posts

Law Profs File Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
Posted on 16 Nov 2018 by Daniel M. Kowalski

Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018) "In response to the question posed by the Attorney General in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018), amici respectfully submit this brief asserting that the Attorney General... Read More

ICE Announces 'Enhanced' Custody Procedures
Posted on 19 Mar 2015 by Daniel M. Kowalski

ICE announces enhanced oversight and release procedures for custody determinations involving detainees with criminal convictions "U.S. Immigration and Customs Enforcement (ICE) announced enhanced oversight and release procedures for custody determinations... Read More

ICE Issues Guidance on Care of Transgender Individuals in Custody
Posted on 29 Jun 2015 by Daniel M. Kowalski

"U.S. Immigration and Customs Enforcement’s (ICE), Office of Enforcement and Removal Operations (ERO) issued further guidance to personnel on how to care for transgender individuals in custodial settings. “The Transgender Care Memorandum... Read More

Where Individuals Enter ICE Custody: State-by-State Details
Posted on 20 May 2013 by Daniel M. Kowalski

"On a typical work day Immigration and Customs Enforcement (ICE) took 1,509 individuals into custody, according to the latest available ICE data from November and December 2012. During weekends, the volume of detentions decreased to an average of... Read More

Tags: custody , TRAC , ICE

DACA, DAPA Reviews Lead to ICE Releases
Posted on 2 Jan 2015 by Daniel M. Kowalski

"More than 200 people have been released from immigration custody in Arizona in the last month following the Department of Homeland Security’s new enforcement priorities, ICE officials said. On Nov. 20, President Obama announced that parents... Read More

The 'When' of Immigration - Angelo A. Paparelli
Posted on 10 Oct 2014 by Daniel M. Kowalski

"In everyday English, “when” clearly “connote[s] immediacy.” . . . ’”when’ … can be read, on the one hand, to refer to ‘action or activity occurring ‘at the time that’ or ‘as... Read More

Guide for Detained and Removed Parents with Child Custody Concerns
Posted on 26 Aug 2013 by Daniel M. Kowalski

"If you are in immigration detention and you do not know who is taking care of your children, or if your children are in the child welfare system, it is very important that you get help from a lawyer, a legal aid organization, or relatives and friends... Read More

Second Circuit on derivative citizenship, custody, appointment of counsel: Garcia v. ICE
Posted on 29 Dec 2011 by Daniel M. Kowalski

"Appeal from judgment of the United States District Court for the Western District of New York (Telesca, J.). The district court denied Petitioner habeas corpus relief after finding that Petitioner did not derive citizenship from his father; the... Read More

EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings
Posted on 17 Sep 2014 by Daniel M. Kowalski

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR... Read More

CA9 on Burden of Proof, Custody: Medina-Lara v. Holder
Posted on 26 Aug 2014 by Daniel M. Kowalski

"For reasons to be set forth in a disposition which will follow in due course, we grant Medina–Lara’s petition for review because the government did not meet its burden to show that his California convictions constitute predicate offenses... Read More

Advance Copy of EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings
Posted on 16 Sep 2014 by Daniel M. Kowalski

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR... Read More

Groundbreaking Unpub. BIA Decision for Juveniles and SIJS in Georgia
Posted on 11 Jun 2015 by Daniel M. Kowalski

Charles Kuck writes - "On June 1, 2015, Kuck Immigration Partners, through our amazing associate attorney Anna Erwin , received a groundbreaking (but as of yet unpublished) decision from the Board of Immigration Appeals . The Board reversed the... Read More

Nebraska Supreme Court on Custody: Daniels v. Maldonado-Morin
Posted on 31 May 2014 by Daniel M. Kowalski

"We find, viewing the facts in a light most favorable to Maldonado-Morin, that the record demonstrates Maldonado-Morin’s husband of over 12 years has been forced to move to Mexico and that Maldonado-Morin wants herself, Deonte, and Morin’s... Read More

Another 'When Released' Habeas Victory: Masih v. Aviles
Posted on 27 May 2014 by Daniel M. Kowalski

"[B]ecause Mr. Masih was not released from postconviction physical custody, the Government is not authorized to hold him in mandatory detention pursuant to section 1226(c)." - Masih v. Aviles, May 20, 2014 . [Hats off to Michael Z. Goldman ... Read More

Free Webinar June 5th: Who Is Being Taken Into ICE Custody? Tracing Detention Practices State-by-State
Posted on 30 May 2013 by Daniel M. Kowalski

Registration for Free Webinar Who Is Being Taken Into ICE Custody? Tracing Detention Practices State-by-State Wednesday June 5, 2013 at 2:00 PM (Eastern US) - TRAC Read More