Immigration Law

Recent Posts

Barr Cannot Ignore the Constitution: The AG’s Latest Attack on Asylum Seekers in Matter of M-S-
Posted on 24 Apr 2019 by Daniel M. Kowalski

Sophia Genovese, Apr. 23, 2019 "The Attorney General cannot selectively choose when to apply the rule of law. Yet when it comes to immigrants, the government feels emboldened to ignore the constitutional protections that are afforded to immigrants... Read More

Tags: mehta , barr , genovese , asylum

Acting AG Whitaker Takes Aim at Asylum Seekers Fleeing Family-Based Persecution - Sophia Genovese
Posted on 11 Dec 2018 by Daniel M. Kowalski

Sophia Genovese, Dec. 10, 2018 - "Acting Attorney General Matthew Whitaker has followed in his predecessor’s footsteps by referring yet another immigration case to himself, Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) . The Acting AG asks... Read More

Labor Certification: Mustn’t the US Job Applicant Be Able to Perform the Job Even If Qualified on Paper?
Posted on 7 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, Nov. 6, 2018 - "PERM labor certification operates outside of the realm of typical real world recruitment efforts. Whereas employers in the real world normally look to hire the most qualified applicant, PERM requires... Read More

A Pro Bono Asylum Lawyer Responds to the Latest Attack from A.G. Sessions
Posted on 10 Sep 2018 by Daniel M. Kowalski

Expecting Asylum-Seekers to Become US Asylum Law Experts: Reflections on My Trip to the Folkston ICE Processing Center Sophia Genovese, Sept. 10, 2018 - "US asylum law is nuanced, at times contradictory, and ever-changing. As brief background,... Read More

Indirect Refoulement: Why the US Cannot Create a Safe Third Country Agreement with Mexico: Sophia Genovese
Posted on 7 Aug 2018 by Daniel M. Kowalski

Sophia Genovese, Aug. 6, 2018 - "The Trump Administration is seeking to create and implement a safe third country agreement with Mexico . Under this agreement, asylum seekers arriving at the US border who have travelled through Mexico would be denied... Read More

“Vague Laws Invite Arbitrary Power”: Making the Case for Crimes Involving Moral Turpitude Being Void for Vagueness - Sophia Genovese
Posted on 25 Jul 2018 by Daniel M. Kowalski

Sophia Genovese, July 23, 2018 - "The Supreme Court in Sessions v. Dimaya , 138 S. Ct. 1204 (2018) dramatically held that one aspect of the crime of violence definition contained within of the aggravated felony provision of the Immigration and Nationality... Read More

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii - Cyrus Mehta & Sophia Genovese
Posted on 2 Jul 2018 by Daniel M. Kowalski

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii, July 2, 2018, Cyrus Mehta & Sophia Genovese - "On June 26, 2018, the US Supreme Court in a 5-4 decision in Trump v. Hawaii upheld President Trump’s travel... Read More

How Trump Administration Officials Can Be Found Criminally Culpable For Separating Children From Parents - Cyrus Mehta & Sophia Genovese
Posted on 24 Jun 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, June 24, 2018 - "The Trump Administration has continued to perpetuate the falsehood that immigrants are criminals, despite overwhelming evidence that communities are safer when immigrants arrive . Trump’s... Read More

The Evolving Rights Of Deportable Immigrants As Seen In The Case Of Ravi Ragbir - Cyrus Mehta & Sophia Genovese
Posted on 12 Feb 2018 by Daniel M. Kowalski

Cyrus D. Mehta & Sophia Genovese, Feb. 12, 2018 - "Foreign nationals with removal orders are in an extremely vulnerable situation. Even if they are asked to report on a regular basis under an order of supervision, there is no guarantee that a... Read More

Sessions Likely to End Asylum Eligibility for Victims of Domestic Violence: How Courts Can Resist
Posted on 20 Mar 2018 by Daniel M. Kowalski

Sophia Genovese, Mar. 20, 2018 - "Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been... Read More

The American Dream is for Everyone
Posted on 29 Jan 2018 by Daniel M. Kowalski

Cyrus D. Mehta and Sophia Genovese, Jan. 29, 2018 - "The Trump Administration has announced an immigration proposal that pits the lives of Dreamers against other immigrant populations. Dreamers are young people who came to the United States prior... Read More

Assembly Line Injustice: How the Implementation of Immigration Case Completion Quotas will Eviscerate Due Process - Sophia Genovese
Posted on 9 May 2018 by Daniel M. Kowalski

Sophia Genovese, May 7, 2018 - "The Executive Office for Immigration Review, under the direction of the Department of Justice, announced last year that it had reopened the Collective Bargaining Agreement with the National Association of Immigration... Read More