Immigration Law

Recent Posts

Supreme Court on Immigrant Detention, Bond: Johnson v. Arteaga-Martinez; Garland v. Aleman Gonzalez
Posted on 13 Jun 2022 by Daniel M. Kowalski

Johnson v. Arteaga-Martinez - "Section 241(a) of the Immigration and Nationality Act (INA), codified at 8 U. S. C. §1231(a), authorizes the detention of noncitizens who have been ordered removed from the United States. See 110 Stat. 3009–598... Read More

Experts Comment in Advance of Supreme Court Oral Argument
Posted on 11 Jan 2022 by Daniel M. Kowalski

Jan. 11, 2022 - Today the Supreme Court will hold oral arguments in two immigration cases. Two expert comment: Prof. Shalini Ray - "The Supreme Court will hear oral arguments on Tuesday in two related immigration cases , Johnson v. Arteaga-Martinez... Read More

SCOTUS Adds Immigration Cases to 2021-22 Docket
Posted on 24 Aug 2021 by Daniel M. Kowalski

Amy L. Howe, Aug. 23, 2021 "The Supreme Court added two new immigration cases to its docket for the 2021-22 term on Monday morning, granting a pair of petitions filed by the federal government. The relatively rare mid-summer additions came as part... Read More

Supreme Court on Bond: Johnson v. Guzman Chavez (6-3)
Posted on 29 Jun 2021 by Daniel M. Kowalski

Johnson v. Guzman Chavez Majority (Alito) - "Federal immigration law contains various provisions authorizing the Government to detain aliens during the removal process. This case concerns two of them: 8 U. S. C. §1226 and 8 U. S. C. §1231... Read More

Cert. Granted: Albence v. Guzman Chavez
Posted on 15 Jun 2020 by Daniel M. Kowalski

Amy Howe, June 15, 2020 - "[I]n Albence v. Guzman Chavez , the justices will decide which provision of immigration law – 8 U.S.C. § 1231 or 8 U.S.C. § 1226 – applies to the detention of a noncitizen who is seeking withholding... Read More

Jennings Remanded to District Court
Posted on 26 Nov 2018 by Daniel M. Kowalski

CA9, Nov. 19, 2018 - "On remand from the Supreme Court’s opinion in Jennings v. Rodriguez, 138 S. Ct. 830 (2018), in an action in which petitioners challenge their prolonged immigration detention, the panel remanded constitutional claims and... Read More

Transcript of Nielsen v. Preap SC Oral Argument
Posted on 11 Oct 2018 by Daniel M. Kowalski

USSC, Oct. 10, 2018 - "CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 16-1363, Nielsen, Secretary of Homeland Security, versus Preap. ..." Read More

Supreme Court Oral Argument Preview: Nielsen v. Preap
Posted on 4 Oct 2018 by Daniel M. Kowalski

The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of... Read More

Jennings and the Metastization of the ERO Archipelago
Posted on 11 Mar 2018 by Daniel M. Kowalski

Garrrett Epps, The Atlantic, Mar. 9, 2018 - "A quarter-century ago, in 1994, the Immigration and Naturalization Service, on any given day, was holding somewhere around 5,500 immigrants in “immigration detention.” For fiscal year 2017... Read More

Supreme Court Orders Supplemental Briefing: Jennings v. Rodriguez
Posted on 16 Dec 2016 by Daniel M. Kowalski

SCOTUS Order, Dec. 15, 2016 - "The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention... Read More

Justice Department Gave Supreme Court Incorrect Data in Immigration Case
Posted on 30 Aug 2016 by Daniel M. Kowalski

Jess Bravin, Wall Street Journal, Aug. 30, 2016 - "The Justice Department said it provided the Supreme Court with erroneous information that helped it win a 2003 case upholding a blanket policy of denying bail to thousands of immigrants imprisoned... Read More

Supreme Court Oral Argument Preview: Jennings v. Rodriguez
Posted on 26 Sep 2017 by Daniel M. Kowalski

Prof. Kevin Johnson, Sept. 26, 2017 - "Detention as a tool of immigration enforcement has increased dramatically following immigration reforms enacted in 1996. Two Supreme Court cases at the dawn of the new millennium offered contrasting approaches... Read More

S.C. Oral Argument Analysis: Immigrant Detention and the Constitution - Jennings v. Rodriguez
Posted on 2 Dec 2016 by Daniel M. Kowalski

Kevin Johnson, Dec. 1, 2016 - "[T] he justices appeared deeply divided during oral argument in Jennings v. Rodriguez . This class-action challenge to immigration detentions raises questions about whether immigrants, like virtually any U.S. citizen... Read More