Immigration Law

Recent Posts

Clinic Students Win Release for Afghan Client in Complex Immigration Court Case
Posted on 8 Feb 2022 by Daniel M. Kowalski

Mary Wood, Feb. 7, 2022 "With help from students in the Immigration Law Clinic at the University of Virginia School of Law, an Afghan national who had been imprisoned for three years on a misdemeanor charge was recently freed on bond. Second... Read More

Tags: bond , detention , habeas

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

CA1 on Bond, Burden of Proof: Hernandez-Lara v. Lyons
Posted on 20 Aug 2021 by Daniel M. Kowalski

Hernandez-Lara v. Lyons "[W]e hold that, in order to continue detaining Hernandez under section 1226(a), due process requires the government to either (1) prove by clear and convincing evidence that she poses a danger to the community or (2) prove... 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

Habeas Victory at CA2: Velasco Lopez v. Decker
Posted on 27 Oct 2020 by Daniel M. Kowalski

Velasco Lopez v. Decker "The Government appeals from a judgment of the United States District Court for the Southern District of New York (Carter, J.), granting Carlos Alejandro Velasco Lopez’s petition for a writ of habeas corpus. Velasco... Read More

Tags: bond , detention , habeas

CA9 on Bond: Two Cases (Apr. 7, 2020)
Posted on 7 Apr 2020 by Daniel M. Kowalski

Aleman Gonzalez v. Barr "In Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011) (Diouf II), a three-judge panel of our court applied the canon of constitutional avoidance to construe § 1231(a)(6) as requiring an individualized bond hearing... Read More

Tags: bond , detention

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

In Boston's Immigration Court, Bond!
Posted on 8 Jan 2020 by Daniel M. Kowalski

Maryam Saleh, The Intercept, Jan. 6, 2020 "For the first time in at least two decades, lawyers for U.S. Immigration and Customs Enforcement are required to justify the detainment of noncitizens who are awaiting court proceedings in New England... 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

Habeas Victory in SDNY: Martinez v. McAleenan
Posted on 17 Jun 2019 by Daniel M. Kowalski

Martinez v. McAleenan "Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S. since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and Customs Enforcement ("ICE"... 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

CA3 on Detention, Bond - Guerrero-Sanchez v. Warden
Posted on 27 Sep 2018 by Daniel M. Kowalski

Guerrero-Sanchez v. Warden - "[T]his case requires us to decide a novel question of immigration law in this Circuit: is the detention of an alien, such as Guerrero-Sanchez, who has a reinstated order of removal but is also pursuing withholding-only... Read More

Bond Victory in San Francisco: Liborio Ramos v. Sessions
Posted on 16 Mar 2018 by Daniel M. Kowalski

Pangea Legal, Mar. 15, 2018 - "On Wednesday, March 14, 2018, Pangea client, Floricel Liborio Ramos, was freed from immigration detention after substantial litigation , multiple appeals, and requests for her release. Today, on her first day free after... Read More