Immigration Law

Recent Posts

Former IJs File Amicus Brief in Padilla v. ICE
Posted on 17 Sep 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Sept. 14, 2019 "The late Maury Roberts, a legendary immigration lawyer and former BIA Chair, wrote in 1991: “It has always seemed significant to me that, among all the members of the animal kingdom, man is the only one who... Read More

Right to Counsel Victory at CA9: Zuniga v. Barr
Posted on 20 Aug 2019 by Daniel M. Kowalski

Zuniga v. Barr "This case presents us with a simple question: do noncitizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on... Read More

Lawsuit Challenges Expanded Expedited Removal
Posted on 6 Aug 2019 by Daniel M. Kowalski

AIC, Aug. 6, 2019 "The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations... Read More

Expansion of Expedited Removal: Why Pushing to the Limits of the Statute Unconstitutionally Deprives People of Due Process of Law
Posted on 24 Jul 2019 by Daniel M. Kowalski

David Isaacson, July 24, 2019 "The Trump Administration published an announcement in the Federal Register on July 22, 2019 stating that beginning the next day on July 23, it would exercise its full statutory authority to place in expedited removal... Read More

Expert: Expanded Expedited Removal Could Trigger Unintended Consequences
Posted on 22 Jul 2019 by Daniel M. Kowalski

Tom Hals, Reuters, July 22, 2019 "The U.S. Department of Homeland Security said on Monday it will order more speedy deportations of immigrants who crossed illegally and are caught anywhere in the United States, expanding a program typically applied... Read More

DHS Expands Expedited Removal, Effective July 23, 2019
Posted on 22 Jul 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 "This Notice (this Notice) enables the Department of Homeland Security (DHS) to exercise the full remaining scope of its statutory authority to place in expedited removal, with limited... Read More

Habeas After Expedited Removal - David Isaacson
Posted on 8 May 2019 by Daniel M. Kowalski

David Isaacson, May 7, 2019 "In 2011, I wrote an article on our firm’s website about how then-recent case law could provide an opportunity for some returning nonimmigrants to challenge, in federal court, the government’s efforts to... Read More

A.G. Barr Overrules Matter of X-K-, Delays Effective Date 90 Days: Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Posted on 16 Apr 2019 by Daniel M. Kowalski

Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019) (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing... Read More

CA9 on Habeas, Suspension Clause, Expedited Removal: Thuraissigiam v. DHS
Posted on 8 Mar 2019 by Daniel M. Kowalski

Thuraissigiam v. DHS "[W]e hold that § 1252(e)(2) violates the Suspension Clause as applied to Thuraissigiam, although we do not profess to decide in this opinion what right or rights Thuraissigiam may vindicate via use of the writ. The district... Read More

New Guidance to IJs and AOs pursuant to Grace v. Whitaker
Posted on 14 Jan 2019 by Daniel M. Kowalski

Karen Musalo , Bank of America Foundation Chair in International Law and Professor & Director, Center for Gender & Refugee Studies at U.C. Hastings College of the Law writes: "Following up on U.S. District Court Judge Emmet Sullivan’s... Read More

Sessions Switches Horses on Matter of X-K- Query
Posted on 15 Oct 2018 by Daniel M. Kowalski

See: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)(Sept. 18, 2018) Matter of M-G-G-, 27 I&N Dec. 475 (A.G. 2018)(Oct. 12, 2018) and Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)(Oct. 12, 2018) Read More

A.G. Sessions Questions Matter of X-K-, Asks for Amicus Briefs: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)
Posted on 19 Sep 2018 by Daniel M. Kowalski

Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018) "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision... 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