Immigration Law

Recent Posts

CA9 on Motions to Reopen - Miller v. Sessions (May 8, 2018)
Posted on 8 May 2018 by Daniel M. Kowalski

Miller v. Sessions (May 8, 2018) - "The question presented in this case is what happens when ... two statutory provisions collide? If DHS reinstates a removal order that was entered in absentia, can the noncitizen still file a motion to reopen under... Read More

Sanctuary Cities: Six Ways the Trump Administration Flouts the Rule of Law - Prof. Kari Hong
Posted on 11 Jan 2018 by Daniel M. Kowalski

Prof. Kari Hong, Jan. 8, 2018 - "As we start a new year, the status of “sanctuary cities” promises to be a continuing flashpoint in the immigration debate. The Trump Administration cites the “rule of law,” and immigrants’... Read More

My Great-Grandparents Weren’t ‘Illegal’ When They Came To The U.S. They Would Be Now.
Posted on 6 Feb 2018 by Daniel M. Kowalski

Prof. Kari Hong, Feb. 3, 2018 - "Around 1905, when Norway would have been considered a “shithole,” my great-grandmother sailed to the United States. She was 16 years old, without family and money, and found work as a house cleaner. My... Read More

The Ten Parts of “Illegal” in “Illegal Immigration” That I Do Not Understand - Prof. Kari Hong
Posted on 12 Apr 2017 by Daniel M. Kowalski

Prof. Kari Hong, Mar. 28, 2017 - "Many who support immigration enforcement measures will justify their position by asking what part of illegal in illegal immigration do you not understand? This essay provides ten answers to that question." ... Read More

The One Clear Way to End Trump's Refugee/Travel Ban: An Act of Congress - Prof. Kari Hong
Posted on 2 Feb 2017 by Daniel M. Kowalski

Prof. Kari Hong, Feb. 2, 2017 - "Last  weekend seemed extraordinary. In response to President Trump’s  executive order ending admission to the United States for certain citizens from seven countries   that have Muslim-majorities, America witnessed... Read More

Opinion: Let's Get Smart on Crime and Immigration - Prof. Kari Hong
Posted on 17 Aug 2015 by Daniel M. Kowalski

"We should revert to the immigration laws that were in place before 1996. Under those rules, every immigrant who committed a crime had a meaningful hearing before a judge. He or she was able to present the facts of the crime, show proof of rehabilitation... Read More

CA9 on Cal. Theft Offense, Agg. Fel. - Lopez-Valencia v. Lynch
Posted on 17 Aug 2015 by Daniel M. Kowalski

"Adhering to the methodology established by Descamps and our follow-on opinion in Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014), we conclude that a conviction under California’s theft statute is not an aggravated felony because it is not... Read More

CA9 on Clear Error: Ridor v. Holder
Posted on 3 Oct 2012 by Daniel M. Kowalski

"Ridore argues that the BIA acted beyond the scope of its authority under 8 C.F.R. § 1003.1(d)(3) by reviewing the IJ’s findings under a de novo rather than clear error standard and improperly engaging in its own factfinding. We agree... Read More