Immigration Law

Recent Posts

Supreme Court, 5-4, Reverses CA9: Kerry v. Din
Posted on 15 Jun 2015 by Daniel M. Kowalski

"Because Fauzia Din was not deprived of “life, liberty, or property” when the Government denied Kanishka Berashk admission to the United States, there is no process due to her under the Constitution. To the extent that she received any... Read More

Elizabeth Keyes on Kerry v. Din - Another Choiceless Choice
Posted on 16 Jun 2015 by Daniel M. Kowalski

Kevin Johnson writes : "Yesterday, the Supreme Court decided Kerry v. Din . Over the next few weeks, the ImmigrationProf blog will be running an on-line symposium with immigration professors analyzing various aspects of the decision. The first installment... Read More

Supreme Court to Hear Visa Case; State Department Asks for Secrecy, Rubber Stamp
Posted on 3 Oct 2014 by Daniel M. Kowalski

"At the behest of the Solicitor General , the U.S. Supreme Court today granted certiorari in Din v. Kerry to decide whether immigrant families separated by U.S. government officials have any right to know the basis for their forced separation. The... Read More

Expert: Supreme Court Visa Decision Not The End of the Road
Posted on 16 Jun 2015 by Daniel M. Kowalski

"The U.S. Supreme Court ruled Monday against strengthening marriage rights for binational couples who wish to live together in the United States. Justices found in Kerry v. Din that naturalized U.S. citizen Fauzia Din cannot force greater explanation... Read More

Cert. Granted in CA9 Consular Nonreviewability Case: Kerry v. Din (DOS Asks for Rubber Stamp)
Posted on 3 Oct 2014 by Daniel M. Kowalski

13-1402 KERRY V. DIN CERT. GRANTED 10/2/2014 QUESTION PRESENTED: 1. Whether a consular officer's refusal of a visa to a U.S. citizen's alien spouse impinges upon a constitutionally protected interest of the citizen. 2. Whether respondent... Read More

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz
Posted on 16 Feb 2015 by Daniel M. Kowalski

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In... Read More

Kerry v. Din in Five Easy Pieces: SCOTUS Oral Argument Preview
Posted on 23 Feb 2015 by Daniel M. Kowalski

In advance of today's SC oral argument, here are five good links: Link to all the documents and briefs Argument Preview by Kevin Johnson Convenient Facts Redux by Nancy Morawetz Kerry v. Din, Knauff and Mezei by Chuck Roth In Defense... Read More

Immigration Cases Set for Supreme Court Oral Argument in 2015
Posted on 28 Dec 2014 by Daniel M. Kowalski

"The Supreme Court has set oral argument in Kerry v. Din , which raises the issue of the scope of the doctrine of consular nonreviewability, for February 23. The Court previously had set oral arguments in Mellouli v. Holder , which involves the removability... Read More

Law Profs File SCOTUS Brief in Kerry v. Din
Posted on 22 Jan 2015 by Daniel M. Kowalski

BRIEF OF AMICI CURIAE LAW SCHOOL PROFESSORS IN SUPPORT OF RESPONDENT - "This amici curiae brief is submitted on behalf of 73 professors and academics who teach immigration law at law schools throughout the United States (“Amici”). ..... Read More

CA9 on Consular Nonreviewability, Standing: Din v. Kerry
Posted on 23 May 2013 by Daniel M. Kowalski

"United States citizen Fauzia Din filed a visa petition on behalf of her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the visa was denied. Consular officials informed Din and Berashk only that the visa had been... Read More

Kerry v. Din: Plenary Power Showdown? - Kevin Johnson
Posted on 19 Jan 2015 by Daniel M. Kowalski

"I have been reading the briefs in Kerry v. Din , which has oral arguments before the Supreme Court scheduled for February 23. Last week, Respondent Fauzia Din's brief was submitted by counsel of record Mark E. Haddad of Sidley Austin LLP . ... Read More

Posted on 7 Oct 2014 by Daniel M. Kowalski

"Not since the landmark case of Kleindienst v. Mandel , 408 U.S. 753 ( 1972) has the Supreme Court revisited the well-settled doctrine of consular nonreviewability. That may be about to change as the Supreme Court has agreed to hear Kerry v. Din... Read More

Transcript of Kerry v. Din Supreme Court Oral Argument; Analysis by Kevin Johnson
Posted on 25 Feb 2015 by Daniel M. Kowalski

Transcript of Kerry v. Din Supreme Court Oral Argument, Feb. 23, 2015 . Analysis by Prof. Kevin Johnson here . Read More