Immigration Law

Recent Posts

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez
Posted on 2 May 2013 by Daniel M. Kowalski

"[T]he respondent expressed an intention to apply for a waiver under former section 212(c) of.the Act, 8 U.S.C. § I I 82(c) (1988), but in a very brief decision the Immigration Judge found him ineligible for such relief on the ground that his... Read More

OCAHO 'Publishes' the CA9 Ketchikan I-9 Decision
Posted on 23 Sep 2013 by Daniel M. Kowalski

"The Office of the Chief Administrative Hearing Officer publishes decisions that have been selected for and may be used as precedent pursuant to 5 U.S.C. section 552(a)(2). Each decision has been given an OCAHO Reference Number for publication purposes... Read More

The Unethical Use of Immigration Status in Civil Matters
Posted on 25 Mar 2014 by Daniel M. Kowalski

"[T]he Washington Supreme Court unanimously adopted a formal Comment to RPC 4.4(a) to provide guidance on the use of immigration status in civil matters. The comment became effective on Sept. 1, 2013. The comment notes that “[i]ssues involving... Read More

Justices Skeptical Of 5th Circ.'s Decision in Mata v. Lynch
Posted on 30 Apr 2015 by Daniel M. Kowalski

"The U.S. Supreme Court heard arguments Wednesday on whether a federal appeals court can review the Board of Immigration Appeals' refusal to toll a bid to reopen a removal case based on poor lawyering, with Justice Stephen Breyer expressing skepticism... Read More

Justices Told CA5 Is Solo On Immigration Appeal Stance: Mata v. Holder
Posted on 15 Mar 2015 by Daniel M. Kowalski

"Several immigration organizations have filed amicus briefs in a Mexican man’s U.S. Supreme Court appeal of a Board of Immigration Appeals' dismissal of his deportation case — tossed after his lawyer missed a key filing deadline —... Read More

Unpub. BIA Exceptional Circumstances Sua Sponte Reopening Victory
Posted on 23 Sep 2015 by Daniel M. Kowalski

Raed Gonzalez writes: "This client was ordered removed in absentia in 2001. In 2014, a lawyer filed a motion to reopen asserting lack of notice. The lawyer filed a patently deficient one-paragraph motion to reopen. When this motion was denied, we... Read More

Judge Dismisses 'Unfair' Charge of Illegal Re-entry: U.S. v. Gonzalez
Posted on 4 Jun 2015 by Daniel M. Kowalski

"The failure to tell an immigrant who was in the country illegally about his right to seek voluntary departure from the United States has led a federal judge to dismiss a charge of illegal re-entry. Southern District Judge Jesse Furman ruled that... Read More

BIA Reopened and Terminated Proceedings After IJ Abuse of Discretion (Unpub.)
Posted on 26 Sep 2013 by Daniel M. Kowalski

Raed Gonzalez writes: "The IJ denied a sua sponte motion to reopen a case for an individual ordered removed on 2000 prior to Chapa Garza, whose motion to reopen was filed on 2013 after the 2012 5th Circuit decisions of Lari and Carias. The IJ denied... Read More

CA5 on Admission, Status: Gomez v. Lynch
Posted on 6 Aug 2016 by Daniel M. Kowalski

Gomez v. Lynch, Aug. 5, 2016 - "After representing throughout the litigation that there was no record of Gomez’s purported 1993 admission (and asserting at oral argument that records from the relevant time period did not exist at all ), the... Read More

The I-9 Gets a Make-Over
Posted on 14 Mar 2013 by Daniel M. Kowalski

"With the passage of the Immigration Reform and Control Act, since November 6, 1986, all employers throughout the U.S., small or large, have been obliged to complete a form I-9 to record identity and work authorization documents for every new hire... Read More

Tags: gonzalez , I-9

Top Hispanic Congressman Slams Herman Cain’s Electric Border Fence
Posted on 18 Oct 2011 by Daniel M. Kowalski

"After Republican presidential candidate Herman Cain told a campaign audience that he believed the federal government should erect a deadly, electrified, 20-foot border fence to help stem the flow of illegal immigration, one of the top Hispanic... Read More

Tags: gonzalez , cain , fence , border

High Court Could Help Immigrants Saddled With Bad Lawyers: Mata v. Holder
Posted on 28 Apr 2015 by Daniel M. Kowalski

" The U.S. Supreme Court will hear arguments Wednesday on whether a federal appeals court can review the Board of Immigration Appeals’ refusal to toll bids to reopen cases based on faulty lawyering, with experts saying the case could bolster... Read More

Class-Action Lawsuit Filed Against ICE Over Illegal Detention of American Citizens
Posted on 23 Jun 2013 by Daniel M. Kowalski

"Seeking to end the government’s practice of placing immigration holds on individuals without probable cause, the American Civil Liberties Union of Southern California (ACLU/SC), the National Day Labor Organizing Network (NDLON), and the law... Read More