Immigration Law

Recent Posts

Another Judge Orders Release of ICE Prisoners: Coronel v. Decker
Posted on 27 Mar 2020 by Daniel M. Kowalski

Coronel v. Decker "Petitioners bring this writ of habeas corpus and complaint seeking immediate release from the custody of Immigration and Customs Enforcement (ICE). For the reasons that follow, the Court GRANTS their motion for a temporary restraining... Read More

CA9 (2-1) on Bond, Credible Fear: Padilla v. ICE
Posted on 27 Mar 2020 by Daniel M. Kowalski

Padilla v. ICE "In this interlocutory appeal, we consider whether the district court abused its discretion in granting a preliminary injunction ordering the United States to provide bond hearings to a class of noncitizens who were detained after... Read More

Detained Children Must Have Adequate Food, Hygiene Items: Court
Posted on 16 Aug 2019 by Daniel M. Kowalski

Maura Dolan, Los Angeles Times, Aug. 15, 2019 "In a case that dramatized the plight of children detained at the border, a federal appeals court Thursday upheld an order requiring immigration authorities to provide minors with adequate food, water... Read More

Court Blocks Matter of M-S-; Detained Asylum Applicants May Seek Bond
Posted on 3 Jul 2019 by Daniel M. Kowalski

In Matter of M-S- (slated to take effect in mid-July) Attorney General Barr stated: "I read [INA] section 235(b)(1)(B)(ii) to mandate detention (i) for the purpose of ensuring additional review of an asylum claim, and (ii) for so long as that review... Read More

Tags: bond , detention , barr , asylum

Statement of ABA President Bob Carlson, Re: Improper Detention of Immigrant Children
Posted on 2 Jun 2019 by Daniel M. Kowalski

ABA, May 31, 2019 "The American Bar Association is deeply disturbed by reports that hundreds of unaccompanied children seeking refuge in the United States are being held by the U.S. Border Patrol in violation of the law and federal policies. ... Read More

Federal Court Orders that Asylum Seekers Can Move Forward Challenging Delays
Posted on 14 Dec 2018 by Daniel M. Kowalski

NWIRP, Dec. 13, 2018 - "A federal district court in Seattle, Washington issued an order rejecting the government’s arguments that recent asylum seekers who enter the United States without immigration status are not entitled to constitutional... Read More

Tags: bond , detention , asylum

Schrag: Proposed Flores Regulation is Legally Invalid
Posted on 6 Nov 2018 by Daniel M. Kowalski

Today, Nov. 6, 2018, is the last day to file comments on the Flores NPRM filed by DHS and HHS. So far, over 57,000 comments have been filed. Prof. Philip G. Schrag , co-director of the Center for Applied Legal Studies, the asylum law clinic at Georgetown... Read More

Amnesty International Report: Illegal Pushbacks, Arbitrary Detention & Ill-Treatment of Asylum-Seekers in the United States
Posted on 16 Oct 2018 by Daniel M. Kowalski

Amnesty International, Oct. 11, 2018 - "The US government has deliberately adopted immigration policies and practices that caused catastrophic harm to thousands of people seeking safety in the United States, including the separation of over 6,000... Read More

Detaining Families: A Study of Asylum Adjudication in Family Detention
Posted on 17 Aug 2018 by Daniel M. Kowalski

Ingrid Eagly, Esq., Steven Shafer, Esq. and Jana Whalley, Esq., American Immigration Council, August 16, 2018 - "The United States currently detains more protection-seeking families than any nation in the world. Since 2001, parents and their children... Read More

Inside the Administration's $1 Billion Deal to Detain Central American Asylum Seekers
Posted on 15 Aug 2016 by Daniel M. Kowalski

Chico Harlan & Priscila Mosqueda, Washington Post, Aug. 14, 2016 - "As Central Americans surged across the U.S. border two years ago, the Obama administration skipped the standard public bidding process and agreed to a deal that offered generous... Read More

Federal Judge Allows Lawsuit by Detained Asylum-Seekers to Proceed as a Nationwide Class Action
Posted on 28 Nov 2014 by Daniel M. Kowalski

"A federal court judge has certified a nationwide class , and rejected the government’s motion to dismiss, in a lawsuit filed on behalf of certain asylum seekers who are detained by the Department of Homeland Security (DHS) for months while... Read More

Administration Refuses to Allow Court Review of Asylum Seekers' Detention
Posted on 24 Mar 2012 by Daniel M. Kowalski

"The Department of Justice has refused to issue regulations that would allow immigration judges to decide whether to detain asylum seekers who are determined to have viable cases and pose no threat to society. The administration released its... Read More

ICE Shutters Detention Alternative for Asylum-Seekers
Posted on 9 Jun 2017 by Daniel M. Kowalski

Frank Bajak, Associated Press, June. 9, 2017 - "The Trump administration is shutting down the least restrictive alternative to detention available to asylum-seekers who have entered the U.S. illegally, The Associated Press has learned. Immigration... Read More

Tags: detention , asylum

Detained Asylum Seekers Sue DHS to End Long Waits for 'Reasonable Fear' Interviews
Posted on 18 Apr 2014 by Daniel M. Kowalski

"ACLU Foundation of Southern California, ACLU of Northern California, and the National Immigrant Justice Center (NIJC), along with the international law firm Reed Smith LLP, today filed a class action lawsuit in the Northern District of California... Read More

ICE Refuses to Release 60-Year-Old Asylum Seeker
Posted on 7 Jan 2014 by Daniel M. Kowalski

Lumpkin, Georgia and Daly City, California, January 6, 2014 – "The Department of Justice and the Department of Homeland Security have refused to release 60-year-old Honduran asylum-seeker, Miguel Paz, from immigration custody. Mr. Paz’s... Read More

Tags: detention , jobe , paz , ICE , asylum