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

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

Ongoing Litigation Over Migrants' Release Amid COVID-19
Posted on 29 Apr 2020 by Daniel M. Kowalski

Kim Langona, Apr. 27, 2020 - A detailed description of federal court litigation in all states and DC, updated as of 4-27-20. Read More

Habeas Petition Filed in Colorado: Codner v. Choate
Posted on 14 Apr 2020 by Daniel M. Kowalski

RMIAN, Arnold & Porter, NIPNLG, Apr. 14, 2020 " Medically-Vulnerable Immigrants Detained by ICE in Aurora, Colorado Seek Immediate Release Amidst Coronavirus Pandemic Detained Individuals File Urgent Petition for Release from Detention Center... Read More

COVID-19 Habeas Victory in NY/NJ: Basank v. Decker
Posted on 27 Mar 2020 by Daniel M. Kowalski

Josh Gerstein, Politico, Mar. 26, 2020 "A federal judge in New York City has ordered the immediate release from detention of 10 immigrants whose attorneys said they were at increased risk of illness from coronavirus due to underlying health conditions... Read More

Court Finds Habeas Jurisdiction for Detained SIJ: Joshua M. v. Barr
Posted on 20 Feb 2020 by Daniel M. Kowalski

Joshua M. v. Barr "Petitioner Joshua M., a native of Honduras to whom the United States has granted Special Immigrant Juvenile status, has filed a 28 U.S.C. § 2241 habeas petition challenging his removal order and pending deportation. His... Read More

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

Habeas Victory in NYC: Kouadio v. Decker
Posted on 28 Dec 2018 by Daniel M. Kowalski

Adam Klasfeld, Courthouse News, Dec. 27, 2018 - "An Ivorian asylum seeker who has spent nearly three years behind bars gained a chance at freedom Thursday after a federal judge blasted his continuing detention as an affront to democratic society... Read More

Class Action Certified in Cambodian Detention Suit: Chhoeun v. Marin
Posted on 16 Aug 2018 by Daniel M. Kowalski

Chhoeun v. Marin - "This action challenges the Government’s policy of arbitrarily rounding up and placing in immigration detention individuals who have been living peaceably in our communities for years.1 Petitioners Nak Kim Chhoeun and Mony... Read More

Expert: Rabgir Habeas Writ 'Groundbreaking'
Posted on 30 Jan 2018 by Daniel M. Kowalski

Liz Robbins, New York Times, Jan. 29, 2018 - "In an impassioned rebuke of the Trump administration’s immigration practices, a Federal District Court judge in Manhattan Monday ordered the immediate release of the immigrant rights activist Ravi... Read More

Habeas Petition Challenges Trump's Violation of Repatriation Agreement with Vietnam (Trinh v. Homan)
Posted on 3 Mar 2018 by Daniel M. Kowalski

Samantha Schmidt, Washington Post, Mar. 1, 2018 - "Hoang Trinh’s family arrived in the United States when he was 4 years old, fleeing postwar communist Vietnam in 1980. Trinh became a legal U.S. resident, married and raised two American children... Read More

Florida Judge Shoots Down Miami-Dade ICE Detainer Detention Policy: Lacroix v. Junior
Posted on 3 Mar 2017 by Daniel M. Kowalski

David Ovalle, Miami Herald, Mar. 3, 2017 - "Miami-Dade County – faced with threats by President Trump to cut off federal funding – violated the U.S. Constitution when it agreed to jail people slated for deportation, a judge ruled on Friday... Read More

Suits Challenging Confinement of Noncitizens Jump (TRAC, Feb. 21, 2017)
Posted on 23 Feb 2017 by Daniel M. Kowalski

TRAC, Feb. 21, 2017 - "Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus... Read More

Emergency Mandamus Filed in CA9; ICE Detains U.S. Citizen; District Court Fails to Act
Posted on 3 Dec 2012 by Daniel M. Kowalski

"On May 30, 2012, Petitioner Esteban Tiznado-Reyna filed a petition for writ of habeas corpus and motion for preliminary injunction to the United States District Court of the District of Arizona. See Exhibit 1, Docket Report for 12-cv-01159-SRB-SPL... Read More

Prelim. Injunction Issued in Detention Lawsuit Against ICE: Doan v. Bergeron
Posted on 11 Jan 2016 by Daniel M. Kowalski

Doan v. Bergeron, Dec. 31, 2015 - "Kim Anh Thi Doan’s First Amended Complaint [#77] asserts that she is being unlawfully detained in Immigration and Customs Enforcement (“ICE”) custody. First Am. Compl., Count I. Presently before... Read More