Immigration Law

Recent Posts

BIA Upholds Decision to Remove Former Salvadoran Minister of Defense from the U.S.
Posted on 18 Dec 2015 by Daniel M. Kowalski

CJA, Dec. 15, 2015 - " On December 15, 2015, the U.S. Board of Immigration Appeals upheld and finalized the removal order of former Salvadoran Minister of Defense General José Guillermo García. The decision affirmed the extensive findings... Read More

Cal. Sup. Ct. Admits Sergio Garcia to Bar
Posted on 2 Jan 2014 by Daniel M. Kowalski

"In light of the recently enacted state legislation, we conclude that the Committee‟s motion to admit Garcia to the State Bar should be granted. The new legislation removes any potential statutory obstacle to Garcia‟s admission posed by section 1621... Read More

The Broader Lesson From Garcia's Fight To Practice
Posted on 27 Jan 2014 by Daniel M. Kowalski

"Besides the important ruling that allows for the admission of Garcia to the bar, the case reveals the daunting real-world challenges facing undocumented immigrants who were raised and educated in this country, and who are undeniably American in... Read More

License Immigrant, Cal. State Bar Urges Court
Posted on 8 Sep 2012 by Daniel M. Kowalski

"In a filing Thursday with the state Supreme Court, the bar renewed its support for Sergio C. Garcia, who was brought to the United States as a toddler, worked his way through college and law school, and awaits the court's verdict on his eligibility... Read More

Honored to Be a Lawyer and a Citizen - Nomination of Minoru Yasui for Presidential Medal of Freedom
Posted on 3 Mar 2015 by Daniel M. Kowalski

"December 31, 2014 The Honorable President Barack H. Obama The White House 1600 Pennsylvania Ave. NW Washington, DC 20500 Re: Presidential Medal of Freedom—Nomination of Minoru Yasui Dear Mr. President: On behalf of the Colorado... Read More

Cal. Sup. Ct. to Release Garcia Decision on Jan. 2, 2014
Posted on 1 Jan 2014 by Daniel M. Kowalski

"In re GARCIA (SERGIO C.) ON ADMISSION, S202512, Argued in San Francisco 9-04-13 In this proceeding, the court ordered the Committee of Bar Examiners of the State Bar of California to show cause before this court why its motion to admit applicant... Read More

CA9 on Jurisdiction: Garcia v. Lynch
Posted on 18 Aug 2015 by Daniel M. Kowalski

"We hold that 8 U.S.C. § 1252(a)(2)(C) does not bar review over the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent from the conviction that triggers the statutory bar." - Garcia v.... Read More

CA5 on CAT, El Salvador: Garcia v. Holder
Posted on 2 Jul 2014 by Daniel M. Kowalski

"The IJ and BIA denied CAT protection because Garcia admitted that he could not be sure whether the extortionists were actually police officers, or whether they were criminals impersonating police officers, and because Garcia did not report the incidents... Read More

American Wins Ten-Year Battle For Citizenship [UPDATED]
Posted on 16 May 2013 by Daniel M. Kowalski

"Nothing, not the threat of deportation, not the ensuing 10-year legal battle, not even six years in the Batavia detention center, made Carlos Garcia waver. Even while representing himself – he didn’t get a lawyer until a federal appeals... Read More

Cyrus Mehta: Can An Undocumented Lawyer Practice Immigration Law?
Posted on 13 Sep 2013 by Daniel M. Kowalski

"All eyes are focused on whether the California Supreme Court will grant an undocumented lawyer a law license in the case of Sergio Garcia . If an undocumented lawyer like Garcia is granted a license, what would happen if he chooses to practice immigration... Read More

Cal. Sup. Ct. Considering Undocumented Bar Applicant
Posted on 11 Jun 2012 by Daniel M. Kowalski

"When the state Supreme Court asked for briefing on whether an undocumented immigrant can be admitted as a lawyer in California, it didn't ask simple questions. ... [T]he court also asked for briefing on any "legal and public policy limitations"... Read More

New Twist to Racial Profiling: Hunting While Brown?
Posted on 7 Dec 2013 by Daniel M. Kowalski

"Hispanic hunters say they were targets of racial discrimination." - Star Tribune, Dec. 6, 2013 . "All Plaintiffs requested to produce a hunting license produced a facially valid hunting license. ... Pursuant to Minn. Stat. §97A... Read More

Editor's Corner: If 'Unauthorized' is Good Enough for the Supreme Court...
Posted on 8 Jul 2012 by Daniel M. Kowalski

Charles Garcia says the phrase "illegal immigrant" is a slur . Ruben Navarrette disagrees . The Supreme Court and I take a different tack altogether. In Arizona et al. v. United States , the majority opinion consistently uses the term "unauthorized"... Read More

Why 'illegal immigrant' is a slur...and why the AP stylebook is wrong
Posted on 6 Jul 2012 by Daniel M. Kowalski

" For the AP to claim that "illegal immigrant" is "accurate and neutral" is like Moody's giving Bernie Madoff's hedge fund a triple-A rating for safety and creditworthiness." - Charles Garcia, July 5, 2012 . [Singing... Read More

For Some Immigrants, There Is No Visa 'Line'
Posted on 4 Jan 2014 by Daniel M. Kowalski

"Sergio Garcia, the Californian granted a law license despite being in the U.S. illegally, has been waiting in vain since 1994 to get an immigration visa. Depending on their connections and home country, the wait for some would-be immigrants is far... Read More

Tags: line , garcia , kowalski , visa