Immigration Law

Recent Posts

Limited Discovery in Consular Processing Litigation: Muñoz v. U.S. Dept. of State
Posted on 17 Apr 2019 by Daniel M. Kowalski

Merle Kahn writes: "The District Court for the Central District of California granted a discovery request in a consular processing case. [ Muñoz v. U.S. Dept. of State ] Generally, when I think about consular processing, I just think about... Read More

Kobach Sanctioned for 'Deceptive Conduct' in Proof of Citizenship Lawsuit: Fish v. Kobach
Posted on 24 Jun 2017 by Daniel M. Kowalski

Fish v. Kobach, June 23, 2017 - "[D]efendant’s deceptive conduct and lack of candor warrant the imposition of sanctions. ... [D]efendant made patently misleading representations to the court ... The court cannot say that defendant flat-out... Read More

FLSA, Discovery, Plaintiffs' Immigration Status: Almanza v. Baird Tree Service
Posted on 16 Sep 2012 by Daniel M. Kowalski

"[P]laintiffs sought an order preventing the discovery of plaintiffs' immigration status. The magistrate judge held a hearing prior to issuing his memorandum and order. In his memorandum and order [doc. 65], the magistrate judge found that a... Read More

Shattering the One-Way Mirror: Discovery in Immigration Court
Posted on 26 Sep 2013 by Daniel M. Kowalski

"There is a considerable imbalance between non-citizens and the Department of Homeland Security (DHS) when it comes to information access in deportation proceedings. Created after September 11, one of the original mandates for DHS was to improve... Read More

CA5 Remands over U Visa Discovery: Cazorla v. Koch Foods
Posted on 30 Sep 2016 by Daniel M. Kowalski

Cazorla v. Koch Foods, Sept. 27, 2016 - "Rather than impose an order of our own, we remand to the district court to devise an approach to U visa discovery that adequately protects the diverse and competing interests at stake. Our discussion indicates... Read More

OHAHO on Discovery, Protective Orders: USA v. Durable, Inc.
Posted on 24 Jun 2014 by Daniel M. Kowalski

"Prehearing procedures are ongoing. Shortly before the close of discovery, Durable filed a motion for a protective order addressed to certain of the interrogatories and requests for production that ICE had propounded to the company. The government... Read More

Texas v. USA Update: A DOJ 'Advisory,' and Pushback by Plaintiffs
Posted on 6 Mar 2015 by Daniel M. Kowalski

On March 3, 2015, DOJ advised Judge Hanen that USCIS had issued approximately 100,000 three-year EADs for some DACA renewals. The plaintiffs in Texas v. USA pushed back , calling for early discovery. Read More