Immigration Law

Recent Posts

The Law That Broke Immigration
Posted on 10 Aug 2021 by Daniel M. Kowalski

Madeline Marshall, Melissa Hirsch, Vox, Aug 9, 2021 "Immigration looked very different before 1996, when President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The law was supposed to stop undocumented... Read More

Tags: iiraira

CA11 on Retroactivity: Rendon v. Atty. Gen.
Posted on 14 Jul 2020 by Daniel M. Kowalski

Rendon v. Atty. Gen. "Carlos Rendon began living in the United States as a lawful permanent resident in 1991. Then in 1995, he pled guilty to resisting a police officer with violence. Under immigration law this offense qualifies as a crime involving... Read More

More Border Waivers (Federal Register, May 15, 2019)
Posted on 14 May 2019 by Daniel M. Kowalski

On Wednesday, May 15, 2019, DHS will publish three notices in the Federal Register waiving a plethora of laws "in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border near Tecate and... Read More

Tags: waivers , iiraira , DHS , border

DHS Waives Environmental Laws to Build Border Barriers Near San Diego
Posted on 8 Feb 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious... Read More

A Slippery Legislative Slope: From IIRAIRA to REAL ID to Secure Fence
Posted on 12 Sep 2017 by Daniel M. Kowalski

DHS published this notice today in the Federal Register regarding border barriers (fencing and roads) near Calexico, California. Read the long list of federal statutes and regulations DHS has waived, thanks to IIRAIRA, the REAL ID Act and the Secure Fence... Read More

A Tale of Two Typos
Posted on 9 Jul 2013 by Daniel M. Kowalski

"As members of Congress struggle to reconcile their opposing views on immigration reform, rapid-firing amendments and counter-amendments across the aisle, we all should remember the successes and failures of our last immigration law overhaul in 1996... 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

Unpub. CA10 Habeas / Jurisdiction Victory: Musau v. Carlson
Posted on 18 Oct 2012 by Daniel M. Kowalski

"On appeal, Mr. Musau reiterates that he has no means, other than his petition for a writ of habeas corpus, by which to enforce his rights under the CATOC. He appears to be correct, at least at present, insofar as immigration tribunals are concerned... Read More

CA9 on Deportation Hearing Due Process: USA v. Guzman-Ibarez
Posted on 6 Jul 2015 by Daniel M. Kowalski

"When the proceedings against Guzman commenced, consideration for waiver of deportation pursuant to 8 U.S.C. § 1182(c) (1995) (INA § 212(c)) was available. However, the AEDPA was enacted a few months later and under its provisions §... Read More

Seventh Circuit on IIRAIRA Retroactivity: Siddiqui vi Holder
Posted on 16 Jan 2012 by Daniel M. Kowalski

"Mohsin H. Siddiqui, a native of Pakistan, appeals the denial of his legalization applications by the Administrative Appeals Office (“AAO”), the appellate body of the U.S. Citizenship and Immigration Services (“USCIS”). Siddiqui... Read More