Immigration Law

Recent Posts

CA5 Asylum Remand: Peña Oseguera v. Barr
Posted on 23 Aug 2019 by Daniel M. Kowalski

Peña Oseguera v. Barr "The BIA admitted that the Immigration Judge incorrectly conflated the respondent’s claim with that of his mother (“We briefly note that the respondent is not a derivative application on his mother’s... Read More

Cyrus Mehta: Need to Plan Ahead Before Sponsoring a Senior Parent for a Green Card
Posted on 31 Jul 2019 by Daniel M. Kowalski

Cyrus Mehta, July 29, 2019 "Many US citizens, especially those who have recently naturalized, desire to sponsor their senior parents for lawful permanent residence, also colloquially known as the green card. A US citizen can sponsor a parent for... Read More

Materials Related to L-E-A-
Posted on 31 Jul 2019 by Daniel M. Kowalski

Link to the July 29, 2019 A.G. decision here . Link to briefs and other materials collected by CLINIC Legal here . Read More

A.G. Barr on 'Particular Social Group' - Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)
Posted on 31 Jul 2019 by Daniel M. Kowalski

Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019) (1) In Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), the Board of Immigration Appeals improperly recognized the respondent’s father’s immediate family as a “particular social group”... Read More

Separated Families and the 'Due Process Army'
Posted on 10 Sep 2018 by Daniel M. Kowalski

Jeremy Raff, The Atlantic, Sept. 7, 2018 - "On June 13, 2018, Honduran asylum-seeker Anita and her five-year-old son, Jenri, were forcibly separated at the U.S.-Mexico border. Thanks to a pro bono lawyer, Jodi Goodwin, who aggressively advocates... Read More

Here’s How You Can Help Fight Family Separation at the Border (Updated June 17, 2018)
Posted on 16 Jun 2018 by Daniel M. Kowalski

Dahlia Lithwick, Margo Schlanger, Slate, June 17, 2018 - "If you’re horrified by news of families being separated at the borders, here’s a bit of news you can use. First, the policy: It helps to be incredibly clear on what the law is... Read More

Notice of ICE Public Meeting on Family Residential Centers, San Antonio, Wed., Mar. 16, 2016
Posted on 3 Mar 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 - "The U.S. Immigration and Customs Enforcement (ICE) Advisory Committee on Family Residential Centers (ACFRC) will meet in San Antonio, TX to brief Committee members on ICE’s family... Read More

ABA Releases Report on Family Immigration Detention
Posted on 20 Aug 2015 by Daniel M. Kowalski

ABA, Aug. 20, 2015 - "A new report on the expansion of immigration detention released by the American Bar Association concludes that the federal government’s use of family detention violates applicable laws and human rights norms. ... Read More

Texas Court Blocks Licensing of Family Detention Camps as 'Childcare' Facilities
Posted on 3 Dec 2016 by Daniel M. Kowalski

Grassroots Leadership, Dec. 3, 2016 - "In a major victory for detained asylum seeking mothers and their children, an Austin judge Friday issued a final judgment effectively preventing the Texas Department of Family and Protective Services (DFPS)... Read More

Report of the DHS Advisory Committee on Family Residential Centers
Posted on 3 Oct 2016 by Daniel M. Kowalski

ICE, Sept. 30, 2016 - "The detention of migrant children and families by the U.S. government has been controversial since its inception. Child and family detention has been the subject of a number of federal lawsuits – most notably, the Flores... Read More

Lawsuit Aims to Prevent Licensing of Texas Refugee Gulags (Updated: Link to Lawsuit Added)
Posted on 22 Oct 2015 by Daniel M. Kowalski

Julián Aguilar, Texas Tribune, Oct. 22, 2015 - "A watchdog group is suing the agency charged with protecting the state’s most vulnerable Texans, alleging the department fast-tracked a policy change that might help the federal government... Read More

Letters to White House, DHS Call for End to Family Detention
Posted on 27 May 2015 by Daniel M. Kowalski

"Today, the overwhelming majority of Democrats in the House -- including Democratic Leader Nancy Pelosi (D-CA) and Democratic Whip Steny Hoyer (D-MD) – sent Homeland Security Secretary Jeh Johnson a letter saying the Department of Homeland... Read More

Jill Family: Local Prosecutors as Deportation Gatekeepers
Posted on 8 Jan 2014 by Daniel M. Kowalski

Stephen Lee, De Facto Immigration Courts , 101 Cal. L. Rev. 553 (2013). Jill Family "In De Facto Immigration Courts , Stephen Lee untangles part of the thicket that is immigration law. Immigration law is a dense and unique fusion of... Read More

Why it’s so hard to obtain legal status, even though marriage and family
Posted on 28 Nov 2011 by Daniel M. Kowalski

"It’s commonly believed that marriage to a U.S. citizen is an immigration cure-all, as is having U.S.-born children. Not so. In fact, for people who entered illegally, current laws make it next to impossible to obtain legal status. Legal... Read More

Class Action Lawsuit Challenges DOMA in Family Immigration Cases
Posted on 14 Jul 2012 by Daniel M. Kowalski

Arenas, et al. v. Napolitano, et al., Case No. SACV12-1137-JVS(MLGx) (United States District Court for the Central District of California) "The 25-year old son of an immigrant from the Philippines, with his mother and her U.S. citizen spouse,... Read More