Immigration Law

Recent Posts

Habeas/Bond Victory in Colorado: Sheikh v. Choate
Posted on 28 Sep 2022 by Daniel M. Kowalski

Sheikh v. Choate "Pending before the Court are the Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, ECF No. 1; Petitioner’s Motion for Temporary Restraining Order, ECF No. 3; and Petitioner’s Unopposed... Read More

Due Process in Removal Proceedings After Thuraissigiam
Posted on 22 Jun 2022 by Daniel M. Kowalski

Diana G. Li, Stanford Law Review, April 2022 "It is well established that Congress wields plenary power over the admission of noncitizens at the border. But when the government removes noncitizens who have already entered the country, including... Read More

Post-Preap Habeas Victory in California: Perera v. Jennings
Posted on 18 Apr 2022 by Daniel M. Kowalski

Judah Lakin reports: "We ( Lakin & Wille and Asian Americans Advancing Justice-Asian Law Caucus ) wanted to share some good news heading into the weekend. Judge Freeman issued a decision in our post-Preap as-applied challenge to 1226c for someone... Read More

Tags: preap , habeas

Clinic Students Win Release for Afghan Client in Complex Immigration Court Case
Posted on 8 Feb 2022 by Daniel M. Kowalski

Mary Wood, Feb. 7, 2022 "With help from students in the Immigration Law Clinic at the University of Virginia School of Law, an Afghan national who had been imprisoned for three years on a misdemeanor charge was recently freed on bond. Second... Read More

Tags: bond , detention , habeas

Texas Gov. Abbott's "Operation Lone Star" Hits Constitutional Wall
Posted on 14 Jan 2022 by Daniel M. Kowalski

Jolie McCullough, Texas Tribune, Jan. 14, 2022 - Texas judge opens door for widespread constitutional challenges to Gov. Greg Abbott’s border initiative Laurel Calkins, Bloomberg News, Jan. 13, 2022 - Texas Judge Rules Abbott’s Border Crackdown... Read More

Tags: border , Texas , habeas , abbott

Ameen v. Garland Habeas Petition Filed
Posted on 12 Jan 2022 by Daniel M. Kowalski

Jan. 10, 2022 Press Release "Immigrant Legal Defense and the University of Chicago Immigrants’ Rights Clinic have filed a petition for a writ of habeas corpus on behalf of Omar Ameen seeking his immediate release from immigration custody... Read More

Tags: Ameen , habeas

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