Immigration Law

Recent Posts

Ninth Circuit Travel Ban Order May...Or May Not...Go En Banc (Feb. 10, 2017)
Posted on 11 Feb 2017 by Daniel M. Kowalski

Ninth Circuit, Feb. 10, 2017 - "A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017 , should be reconsidered en banc. A sua sponte en banc call... Read More

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)
Posted on 13 Aug 2014 by Daniel M. Kowalski

"For PERM practitioners, what is the practical take away lesson from Symantec? Does the fact that 656.17(f) does not apply to the additional forms of recruitment mean that these additional forms of recruitment can indeed contain job requirements... Read More

CA9 to rehear CSPA case en banc: Cuellar de Osorio v. Mayorkas
Posted on 21 Apr 2012 by Daniel M. Kowalski

"KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion [ 656 F.3d 954 (2011 )] shall not be cited as precedent... Read More

BALCA, En Banc, on 'Required Documentation,' 'Substantial Failure' - Matter of SAP America, Inc.
Posted on 20 Apr 2013 by Daniel M. Kowalski

"[W]e find that SAP’s failure to produce “a copy [of] the prevailing wage request for the prevailing wage determination” did not constitute a “substantial failure by the employer to provide required documentation” under... Read More

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015)(asylum; Mexico) to be reheard en banc
Posted on 14 Jun 2016 by Daniel M. Kowalski

Bringas-Rodriguez v. Lynch, 805 F.3d 1171 (9th Cir. 2015) - Nov. 19, 2015 June 14, 2016 - "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure... Read More

Ceron v. Holder to be Reheard En Banc: CA9
Posted on 20 Sep 2013 by Daniel M. Kowalski

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case [*] be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent... Read More

Mondaca-Vega to be Re-Heard En Banc
Posted on 6 Nov 2013 by Daniel M. Kowalski

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case [Mondaca-Vega v. Holder, 718 F.3d 1075 , 1081 (9th Cir. 2013)] be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.... Read More

Almanza-Arenas to be Reheard En Banc: CA9
Posted on 11 May 2015 by Daniel M. Kowalski

"Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion [771 F.3d 1184; 2014 U.S. App. LEXIS... Read More