Immigration Law

Recent Posts

TX Gov. Abbott's "Operation Lone Star" Crumbles in Face of Habeas Suits
Posted on 29 Sep 2021 by Daniel M. Kowalski

Texas Tribune reporter Jolie McCulough (@jsmccullou) is hitting it out of the park covering this story, here and here . Topline from Monday: "Hundreds of migrants arrested under Texas Gov. Greg Abbott ’s “catch and jail” border... Read More

Tags: Texas , habeas , abbott

Habeas Win on Post-Preap Constitutional Challenge to 236(c): Perera v. Jennings
Posted on 15 Jun 2021 by Daniel M. Kowalski

Judah Lakin writes: "We wanted to share an exciting decision we received on Friday from Judge Freeman in the Northern District of California on Friday granting our client a bond hearing. We, together with our co-counsel Jenny Zhao and Monica Ramsy... Read More

CA9 on ICE, Bond, Habeas: Bello-Reyes v. Gaynor
Posted on 14 Jan 2021 by Daniel M. Kowalski

Bello-Reyes v. Gaynor "This case requires us to consider whether the Supreme Court’s recent decision in Nieves v. Bartlett, 139 S. Ct. 1715 (2019), applies to a noncitizen’s claim that Immigration and Customs Enforcement (“ICE”... Read More

Tags: bond , ICE , habeas

CA1 on Habeas, CAT, Extradition: Aguasvivas v. Pompeo
Posted on 8 Jan 2021 by Daniel M. Kowalski

Aguasvivas v. Pompeo "The Dominican Republic requests Cristian Starling Aguasvivas for extradition. After a federal magistrate judge certified Aguasvivas as eligible for extradition, Aguasvivas filed a habeas corpus petition in the District of... Read More

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