Immigration Law

Recent Posts

A Call for Plaintiffs: Due Process, Immigration Judges, and Asylum Officers
Posted on 24 Jul 2019 by Daniel M. Kowalski

Due Process, Immigration Judges, and Immigration Officers , by Prof. Richard J. Pierce, Jr., July 24, 2019 "The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any... Read More

CA9 on Due Process: US v. Ochoa-Orogel
Posted on 6 Aug 2018 by Daniel M. Kowalski

US v. Ochoa-Orogel - "Francisco Ochoa-Oregel (Defendant) unlawfully entered the United States in 2016 and was convicted of unlawful reentry in violation of 8 U.S.C. § 1326. Before his 2016 conviction for unlawful re-entry, Defendant had previously... Read More

ICON Seeks Family Reunification, Due Process
Posted on 2 Jul 2018 by Daniel M. Kowalski

Immigrant Connection Project (ICON) "Are you an immigrant parent who has been separated from your child(ren) and is trying to reconnect? Are you a legal services provider who knows a parent looking for their child? The Immigrant Connection... Read More

Access to Counsel Victory in Oregon: Innovation Law Lab v. Nielsen
Posted on 27 Jun 2018 by Daniel M. Kowalski

Innovation Law Lab v. Nielsen, June 25, 2018, Case No. 3:18-cv-01098-SI, D. Or. - "IT IS ORDERED that Plaintiffs’ Motion for Temporary Restraining Order is GRANTED, and until this Court orders otherwise and except as otherwise expressly permitted... Read More

Judiciary Dems Blast Sessions for 'Systematically Deconstructing' Due Process for Immigrants
Posted on 19 Apr 2018 by Daniel M. Kowalski

"We write to express our profound objection to actions taken by the Department of Justice to undermine central elements of due process and fairness in our immigration system. By imposing numeric quotas upon immigration judges and now attempting to... Read More

Report: Systematic Violation Of Immigrants’ Right To Counsel at Remote Immigration Jail
Posted on 4 Dec 2017 by Daniel M. Kowalski

NIJC, Nov. 29, 2017 - "This report focuses on the Cibola County Correctional Center, a prison complex in rural New Mexico owned and operated by the private prison giant CoreCivic (formerly Corrections Corporation of America)1 with the capacity to... Read More

Expert: Immigration Judge Quotas May Violate Due Process
Posted on 11 Apr 2018 by Daniel M. Kowalski

Dianne Solis, Dallas Morning News, Apr. 10, 2018 - "A case takes nearly 900 days to make its way through the backlogged immigration courts of Texas. The national average is about 700 days in a system sagging with nearly 700,000 cases. A new edict... Read More

Due Process, Asylum Protections for Women Under Attack: Matter of A-B- Revealed
Posted on 13 Mar 2018 by Daniel M. Kowalski

The underlying unpublished Dec. 8, 2016 BIA decision, Matter of A-B- , has been redacted and released by counsel, here . The March 7, 2018 A.G. self-referral is here . The Hon. Paul W. Schmidt comments here . Tal Kopan, CNN, reports here . ... Read More

Denial of Due Process to Incarcerated Immigrant Families Worsens in Spite of Court Ruling
Posted on 29 Dec 2015 by Daniel M. Kowalski

AILA, CLINIC, AIC, HRF, RAICES, Dec. 24, 2015 - "Attorneys and advocates called the government to account for rushing detained children and mothers through the legal processes designed to protect them from danger; glaring due process violations have... Read More

Report: Refugee Moms, Kids Targeted by DHS Enforcement Actions Show Disturbing Due Process Concerns
Posted on 15 Jun 2016 by Daniel M. Kowalski

CLINIC and CARA Pro Bono Family Detention Project, June 15, 2016 - "The stories of Central American mothers who were picked up for deportation in the latest round of federal enforcement actions shows a pattern of targeted scrutiny towards individuals... Read More

BIA: Respondent Entitled to File Under Sec. 240(c)(2) - Matter of Monjazar-Fernandez (unpub.)
Posted on 21 Nov 2013 by Daniel M. Kowalski

"In this unpublished decision , the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with being present without having been admitted or paroled, presented a copy... Read More

Third Circuit on credibility, abuse of discretion, due process: Abulashvili
Posted on 15 Nov 2011 by Daniel M. Kowalski

"Petitioners Vasil Abulashvili and Teona Klibadze seek review of an order of the Board of Immigration Appeals dismissing their application for withholding of removal and protection under the Convention Against Torture (“CAT”) and an order... Read More

Collateral Estoppel IJ Victory in Seattle
Posted on 2 Feb 2012 by Daniel M. Kowalski

Devin Theriot-Orr writes: "From IJ Tammy Fitting in Tacoma. The decision reopens a 1996 Anna Ho deportation order based on a 2011 habeas corpus decision from the E.D. Wash. holding that the deport order violates due process. Some nice language on... Read More

Porting Case Leverages Due Process Claim to Avoid Motion to Dismiss: Ramalingam v. Johnson
Posted on 8 Apr 2016 by Daniel M. Kowalski

Ramalingam v. Johnson, Mar. 30, 2016 - "The regulatory requirement of notice only to the ex-employer, as the “affected” party, is an artifact of the pre-porting regime. To apply it without consideration of the real interests at stake... Read More

CA9 on Due Process: Ching v. Mayorkas
Posted on 7 Aug 2013 by Daniel M. Kowalski

"[T]he process by which Joseph’s I-130 petition was denied was inadequate. There were two witnesses to the Fong-Ching marriage: Fong and Ching. In this case, it is not possible to determine that Fong’s statement is true and that Ching’s... Read More