Immigration Law

Recent Posts

Habeas Victory at CA2: Velasco Lopez v. Decker
Posted on 27 Oct 2020 by Daniel M. Kowalski

Velasco Lopez v. Decker "The Government appeals from a judgment of the United States District Court for the Southern District of New York (Carter, J.), granting Carlos Alejandro Velasco Lopez’s petition for a writ of habeas corpus. Velasco... Read More

Tags: bond , detention , habeas

Habeas Victory in Maryland: Siahaan v. Madrigal
Posted on 5 Oct 2020 by Daniel M. Kowalski

Siahaan v. Madrigal "Siahaan did not commit a crime, nor did he cross the border illegally. He has lived here peacefully and productively for thirty years and is neither a flight risk nor a danger to the community. But ICE still wants to deport... Read More

Tags: habeas

Partial Bond Habeas Victory: Onosamba-Ohindo v. Barr
Posted on 4 Sep 2020 by Daniel M. Kowalski

Onosamba-Ohindo v. Barr "Petitioners/plaintiffs Junior Onosamba-Ohindo (“Class Petitioner”) and Antonio Lopez Agustin (“Subclass Petitioner”) (collectively “Petitioners”) have filed a petition for a writ of habeas... Read More

Analysis: DHS v. Thuraissigiam
Posted on 2 Jul 2020 by Daniel M. Kowalski

Aditi Shah, Lawfare, July 2, 2020 "On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam, an asylum-seeker, does not have a constitutional right to habeas corpus review in federal court of his claims that the government violated... Read More

Habeas Victory in NY? - Hassoun v. Searls (Release Stayed)
Posted on 2 Jul 2020 by Daniel M. Kowalski

Hassoun v. Searls "Petitioner Adham Amin Hassoun (“Petitioner”) is a civil immigration detainee currently housed at the Buffalo Federal Detention Facility (the “BFDF”) in Batavia, New York, who seeks a writ of habeas corpus... Read More

Tags: ACLU , hassoun , habeas

Supreme Court on Habeas, Due Process: DHS v. Thuraissigiam
Posted on 25 Jun 2020 by Daniel M. Kowalski

DHS v. Thuraissigiam "[U]nder our precedents, neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of respondent’s claims, and IIRIRA’s limitations on habeas review are constitutional... Read More

COVID-19 Habeas Victory: Galan-Reyes v. Acoff
Posted on 15 May 2020 by Daniel M. Kowalski

Galan-Reyes v. Acoff "Under the circumstances, Galan-Reyes’ detention at Pulaski – where he shares dormitory-style living quarters with up to 50 other detainees – which obviously places him at risk for contracting this serious... Read More

Tags: COVID-19 , habeas

Ongoing Litigation Over Migrants' Release Amid COVID-19
Posted on 29 Apr 2020 by Daniel M. Kowalski

Kim Langona, Apr. 27, 2020 - A detailed description of federal court litigation in all states and DC, updated as of 4-27-20. Read More

Habeas Petition Filed in Colorado: Codner v. Choate
Posted on 14 Apr 2020 by Daniel M. Kowalski

RMIAN, Arnold & Porter, NIPNLG, Apr. 14, 2020 " Medically-Vulnerable Immigrants Detained by ICE in Aurora, Colorado Seek Immediate Release Amidst Coronavirus Pandemic Detained Individuals File Urgent Petition for Release from Detention Center... Read More

COVID-19 Habeas Victory in NY/NJ: Basank v. Decker
Posted on 27 Mar 2020 by Daniel M. Kowalski

Josh Gerstein, Politico, Mar. 26, 2020 "A federal judge in New York City has ordered the immediate release from detention of 10 immigrants whose attorneys said they were at increased risk of illness from coronavirus due to underlying health conditions... Read More

Court Finds Habeas Jurisdiction for Detained SIJ: Joshua M. v. Barr
Posted on 20 Feb 2020 by Daniel M. Kowalski

Joshua M. v. Barr "Petitioner Joshua M., a native of Honduras to whom the United States has granted Special Immigrant Juvenile status, has filed a 28 U.S.C. § 2241 habeas petition challenging his removal order and pending deportation. His... Read More

"ICE...Must Obey The Law"
Posted on 26 Dec 2019 by Daniel M. Kowalski

Steph Solis, MassLive, Dec. 25, 2019 - In Boston immigration lawsuit, Cambodian father of 5 reunites with family for Christmas and judge issues stern reminder to ICE "A federal judge has not officially ruled on alleged human rights violations against... Read More

Tags: ICE , habeas

Due Process Victory: Hassoun v. Searls
Posted on 14 Dec 2019 by Daniel M. Kowalski

Hassoun v. Searls "[T]he Court finds that 8 C.F.R. § 241.14(d) is not a permissible reading of § 1231(a)(6), and that it is accordingly a legal nullity that cannot authorize the ongoing, potentially indefinite detention of Petitioner... Read More

Trump Is First to Use PATRIOT Act to Detain a Man Forever
Posted on 29 Nov 2019 by Daniel M. Kowalski

Spencer Ackerman, Daily Beast, Nov. 29, 2019 "For the 18-year lifespan of the war on terrorism, an obscure provision of the PATRIOT Act permitting the indefinite detention of non-citizens on U.S. soil has gone unused. But to keep a Palestinian... Read More

CA4 Upholds Habeas Victory: Guzman Chavez v. Hott
Posted on 11 Oct 2019 by Daniel M. Kowalski

Guzman Chavez v. Hott "The petitioners in this case are a class of noncitizens subject to reinstated removal orders, which generally are not open to challenge. The petitioners may, however, pursue withholding of removal if they have a reasonable... Read More