Immigration Law

Recent Posts

DACA and Deference: Peter Margulies
Posted on 12 Mar 2019 by Daniel M. Kowalski

Peter Margulies, Mar. 11, 2019 "On March 9, the U.S. Court of Appeals for the D.C. Circuit issued two concurring opinions in an earlier per curiam ruling that had vacated a district court injunction against the military’s restrictions on... Read More

The Empire Strikes Back: USCIS Rescinds Deference To Prior Approvals In Extension Requests - Cyrus D. Mehta
Posted on 30 Oct 2017 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 30, 2017 - "The Trump administration is deriving great pleasure in causing pain to people who wish to lawfully come to the United States and remain here lawfully. It has caused H-1B carnage as more H-1B visa petitions are being... Read More

USCIS Policy Memo: Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status
Posted on 24 Oct 2017 by Daniel M. Kowalski

USCIS, Oct. 3, 2017 - Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status "This policy memorandum (PM) supersedes and rescinds the April 23, 2004... Read More

Ninth Circuit on deference, NACARA...and a wrong turn on the freeway: Lezama-Garcia
Posted on 30 Nov 2011 by Daniel M. Kowalski

"Carlos Antonio Lezama-Garcia (“Lezama”), a native and citizen of Nicaragua, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge’s (“IJ”... Read More

Tags: deference , NACARA

Out with 'deference,' in with 'space' and 'weight'
Posted on 21 Feb 2012 by Daniel M. Kowalski

"Administrative law scholars have leveled a forest of trees exploring the mysteries of the Chevron approach contemporary judges take to reviewing law-related aspects of administrative action. Without wishing to deny for a moment that judicial... Read More