Immigration Law

Recent Posts

Habeas Victory in SDNY: Martinez v. McAleenan
Posted on 17 Jun 2019 by Daniel M. Kowalski

Martinez v. McAleenan "Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S. since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and Customs Enforcement ("ICE"... Read More

Habeas After Expedited Removal - David Isaacson
Posted on 8 May 2019 by Daniel M. Kowalski

David Isaacson, May 7, 2019 "In 2011, I wrote an article on our firm’s website about how then-recent case law could provide an opportunity for some returning nonimmigrants to challenge, in federal court, the government’s efforts to... Read More

CA2 on Habeas, Suspension Clause, Free Speech - Ragbir v. Homan
Posted on 25 Apr 2019 by Daniel M. Kowalski

Ragbir v. Homan "Ravidath Ragbir, an alien subject to a final order of removal, together with several immigration‐policy advocacy organizations, appeals from an interlocutory order of the United States District Court for the Southern District of... Read More

Expert: "Historic" Habeas Decision by Federal Appeals Court in Immigration Case
Posted on 8 Mar 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 7, 2019 "Creating yet another roadblock to the Trump administration’s efforts to deport ineligible migrants, a federal appeals court ruled on Thursday that immigration authorities can no longer swiftly... Read More

CA9 on Habeas, Suspension Clause, Expedited Removal: Thuraissigiam v. DHS
Posted on 8 Mar 2019 by Daniel M. Kowalski

Thuraissigiam v. DHS "[W]e hold that § 1252(e)(2) violates the Suspension Clause as applied to Thuraissigiam, although we do not profess to decide in this opinion what right or rights Thuraissigiam may vindicate via use of the writ. The district... Read More

The "Guerrilla Habeas Team" Combating ICE in New York
Posted on 6 Mar 2019 by Daniel M. Kowalski

Alice Speri, The Intercept, Mar. 5, 2019 "...In New York, as across the country, Trump’s war on immigrants had manifested in an escalation of detention and deportation of undocumented immigrants who had lived in the country sometimes for... Read More

Habeas Victory in NH: Compere v. Nielsen
Posted on 28 Jan 2019 by Daniel M. Kowalski

Compere v. Nielsen "Patrice Compere, a Haitian national, is subject to an outstanding removal order. Although he has challenged the order by filing a motion to reopen his case with the Board of Immigration Appeals (“BIA”), the government... Read More

Habeas Victory in NYC: Kouadio v. Decker
Posted on 28 Dec 2018 by Daniel M. Kowalski

Adam Klasfeld, Courthouse News, Dec. 27, 2018 - "An Ivorian asylum seeker who has spent nearly three years behind bars gained a chance at freedom Thursday after a federal judge blasted his continuing detention as an affront to democratic society... Read More

Class Action Certified in Cambodian Detention Suit: Chhoeun v. Marin
Posted on 16 Aug 2018 by Daniel M. Kowalski

Chhoeun v. Marin - "This action challenges the Government’s policy of arbitrarily rounding up and placing in immigration detention individuals who have been living peaceably in our communities for years.1 Petitioners Nak Kim Chhoeun and Mony... Read More

Habeas Victory in New Jersey: Martinez v. Nielsen
Posted on 8 Aug 2018 by Daniel M. Kowalski

Martinez v. Nielsen - "Mr. and Ms. Martinez began the provisional waiver process in 2016. USCIS scheduled them for an interview on their I-130 application to confirm the bona fides of their marriage. On April 27, 2018, together with their lawyer... Read More

Tags: Martinez , USCIS , ICE , habeas

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

Major Suspension Clause Victory at CA3: Osorio-Martinez v. Attorney General
Posted on 19 Jun 2018 by Daniel M. Kowalski

Osorio-Martinez v. Attorney General - "Because we conclude that the INA strips the federal courts of jurisdiction to review Petitioners’ challenge to their expedited removal orders, we must confront a second question, this one of constitutional... Read More

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Posted on 13 Jul 2018 by Daniel M. Kowalski

Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They... Read More

Amicus Brief Filed in CA6 Iraqi Habeas Litigation - Hamama v. Homan
Posted on 19 Feb 2018 by Daniel M. Kowalski

Paul W. Schmidt (Immigration Judge, 2003 - 2016, BIA Board Member and Board Chairman, 1995-2003; acting General Counsel of legacy INS, 1979 -1981 and again from 1986 to 1987, and Deputy General Counsel of INS from 1978 to 1987) posted a link to this CA6... Read More

Tags: amicus , hamama , Iraqis , habeas , ca6