Immigration Law

Recent Posts

Firing Foreign Employees: Immigration Law and Ethical Considerations
Posted on 19 Jul 2022 by Daniel M. Kowalski

Cyrus Mehta, July 18, 2022 "Terminating an employee is always a very difficult decision, and requires the employer to comply with various state and federal laws. Terminating a noncitizen employee requires additional considerations under US immigration... Read More

Ethical Dimensions of Patel v. Garland
Posted on 1 Jun 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, May 31, 2022 "On May 16, 2022, the Supreme Court issued its decision in Patel v. Garland , a decision that has devastating implications for the reviewability of U.S. Citizenship and Immigration Services’ (“USCIS”... Read More

Ethical Considerations when ICE Moves to Dismiss Removal Proceedings under the Doyle Prosecutorial Discretion Memo
Posted on 9 May 2022 by Daniel M. Kowalski

Cyrus Mehta and Kaitlyn Box, May 9, 2022 "On April 3, 2022 the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) Kerry E. Doyle issued a memorandum (“the Doyle memo”) which empowers ICE attorneys... Read More

Handling Confidentiality, Adverse Interests, and Settlements in Group Suits
Posted on 26 Oct 2021 by Daniel M. Kowalski

Cyrus D. Mehta and Brad Banias, Oct. 25, 2021 "Immigration lawyers have filed lawsuits on behalf of several hundred plaintiffs challenging various immigration policies. These lawsuits have involved demanding that the government speed up the processing... Read More

Tags: ethics

COVID-19 and Courts: NYSBA Ethics Opinions
Posted on 15 Dec 2020 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Dec. 14, 2020 "In an earlier blog , we discussed ethics for immigration lawyers during the COVID-19 pandemic. Another ethical dilemma, addressed by two recent ethics opinions from the New York City Bar and the New York... Read More

Tags: mehta , COVID-19 , ethics

NYSBA Ethics Opinion 1203 (Oct. 8, 2020)
Posted on 14 Oct 2020 by Daniel M. Kowalski

NYSBA Ethics Opinion 1203 (Oct. 8, 2020) "An attorney may withdraw from representation, with the permission of the Immigration Court, based on fear of contracting COVID-19 as a result of in-person appearances in the proceeding, where such fear... Read More

Cyrus Mehta: Ethics for Immigration Lawyers During COVID-19
Posted on 15 Jun 2020 by Daniel M. Kowalski

Cyrus Mehta, June 15, 2020 "Based on my video presentation at a Practising Law Institute One Hour Briefing entitled Ethics and Immigration: Spotlight on Select Rules and Client Representation during Covid-19 , I drew up some frequently answered... Read More

Tags: mehta , COVID-19 , ethics

Ethical Dimensions to Federal Court Litigation in Immigration Matters
Posted on 21 Jan 2020 by Daniel M. Kowalski

Cyrus Mehta, Jan. 21, 2020 "In light of the higher possibility of denials of routine H-1B and L-1 petitions, immigration lawyers may want to consider stepping out of their comfort zones. They should consider thinking about representing the client... Read More

Cyrus Mehta: The Ethics of Law Reform Activities Affecting Client Interests in Light of the Fairness for High-Skilled Immigrants Act
Posted on 1 Oct 2019 by Daniel M. Kowalski

Cyrus Mehta, Sept. 30, 2019 "The Fairness for High Skilled Immigrants Act has divided the immigrant community as well as immigration attorneys. The bill seeks to eliminate per-country caps without expanding the number of visas in the EB categories... Read More

Tags: mehta , visas , ethics

AMA Journal of Ethics: Health Care for Undocumented Immigrants
Posted on 15 Feb 2019 by Daniel M. Kowalski

AMA Journal of Ethics, January 2019 "Currently, 800,000 Deferred Action for Childhood Arrivals (DACA) recipients — including many health professionals, students, and patients — face risk of detention and deportation. Loss of DACA status... Read More

The Ethical Role of Immigration Lawyers During the Trump Regime - Cyrus Mehta
Posted on 20 Dec 2016 by Daniel M. Kowalski

Cyrus Mehta, Dec. 19, 2016 - "... The role of the immigration lawyer has become ever more important since Trump winning the election, and the prospects for increased immigration enforcement after January 20, 2017 when Trump is President. While Trump... Read More

The Ethics of Deportation
Posted on 3 Dec 2013 by Daniel M. Kowalski

"I start by looking at the way the world is organized today. It resembles feudalism. Being born into the United States rather than the Congo is like being born into the nobility rather than the peasantry in the Middle Ages. This completely random... Read More

Judge Hanen Rakes DOJ Lawyers Over Ethics Coals in DAPA Case
Posted on 20 May 2016 by Daniel M. Kowalski

You've read about it in the news . Now read Judge Hanen's 28-page order for yourself. Stay tuned for reactions from practitioners and academics. Read More

Tags: Obama , hanen , dapa , DOJ , ethics , Texas

Cyrus D. Mehta: Immigration Inadmissibility, Legal Ethics And Marijuana
Posted on 10 Oct 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 10, 2016 - "Although medical and recreational marijuana activities are illegal under federal law , at least 25 states have legalized marijuana for medical use. Colorado, Washington, Oregon and Alaska have gone even further by... Read More

Wa. Ethics Rule Bars Mention of Immigration Status for Coercive Purpose in Civil Cases
Posted on 19 Jul 2013 by Daniel M. Kowalski

"Mentioning an individual's immigration status in court might not seem all that intimidating to a U.S. citizen. But it can deter someone who is undocumented from pursuing a civil claim, or improperly influence a jury, the Washington Supreme Court... Read More