Immigration Law

Recent Posts

NYSBA Ethics Opinion 1203 (Oct. 8, 2020)
Posted on 14 Oct 2020 by Daniel M. Kowalski

NYSBA Ethics Opinion 1203 (Oct. 8, 2020) "An attorney may withdraw from representation, with the permission of the Immigration Court, based on fear of contracting COVID-19 as a result of in-person appearances in the proceeding, where such fear... Read More

COVID-19 Pandemic Drives up Immigration Court Backlog and Delays: TRAC
Posted on 18 Sep 2020 by Daniel M. Kowalski

TRAC, Sept. 18, 2020 "The partial shutdown of the Immigration Court in the wake of COVID-19 continues to impact hundreds of thousands of immigrants awaiting their day in court. The current active court case backlog as of the end of August 2020... Read More

The Nightmare of Video Immigration Court Hearings
Posted on 8 Sep 2020 by Daniel M. Kowalski

Gaby Del Valle, The Verge, Sept. 8, 2020 "... Samuel had traversed 12 countries across three continents to get to his family in Boston. In Tijuana, within spitting distance of the US, he was forced to stop. While he waited, other migrants explained... Read More

Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020)
Posted on 5 Aug 2020 by Daniel M. Kowalski

Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020) (1) Where an alien who has been personally served with a notice to appear advising him of the requirement to notify the Immigration Court of his correct address fails to do so and is ordered removed... Read More

NAIJ Files Amicus Brief in Immigration Court Litigation
Posted on 21 Apr 2020 by Daniel M. Kowalski

NAIJ, Apr. 20, 2020 "No one can doubt the gravity and complexity of the COVID-19 pandemic and the recognized need for all Americans to take all necessary and reasonable precautions to prevent the spread of the virus, including taking steps to protect... Read More

In Boston's Immigration Court, Bond!
Posted on 8 Jan 2020 by Daniel M. Kowalski

Maryam Saleh, The Intercept, Jan. 6, 2020 "For the first time in at least two decades, lawyers for U.S. Immigration and Customs Enforcement are required to justify the detainment of noncitizens who are awaiting court proceedings in New England... Read More

Immigration Court “Status Docket” – the Secret Almost Alternative to Administrative Closure
Posted on 29 Dec 2019 by Daniel M. Kowalski

Matthew Hoppock, Nov. 5, 2019 "We should have seen it coming. In 2018 the Attorney General ended the ability of immigration judges to administratively close cases, concluding they had in fact never had such authority. As shocking as that was... Read More

Former IJs Speak Out on Limited Access to Courts
Posted on 12 Dec 2019 by Daniel M. Kowalski

The "Round Table of Former Immigration Judges" filed this letter with EOIR. Former BIA Chairman Paul W. Schmidt comments : "Public access is critical to Due Process and Fundamental Fairness in Immigration Court. In the Arlington Immigration... Read More

CBP Issues Fake Court Date Notices to Keep Out Asylum Winners
Posted on 12 Dec 2019 by Daniel M. Kowalski

Hamed Aleaziz, BuzzFeed News, Dec. 10, 2019 "On a November day, just south of the Texas border, Francisco left the temporary shelter he’d been stuck in for four months to travel to a nearby port of entry in the US. Francisco was one of... Read More

Due Process Bond Victory in Boston: Pereira Brito v. Barr
Posted on 27 Nov 2019 by Daniel M. Kowalski

Shannon Dooling, WBUR, Nov. 27, 2019 "A federal judge in Boston ruled Wednesday that it's unconstitutional for the federal government to place the burden of proof on undocumented immigrants in bond hearings. The decision from U.S. District... Read More

ICE Schedules Dallas-Born U.S. Citizen for Deportation Hearing
Posted on 16 Oct 2019 by Daniel M. Kowalski

Obed Manuel, Dallas Morning News, Oct. 15, 2019 "It may be more than a full calendar year before the U.S. government confirms what Francisco Galicia has been saying since June -- that he’s a U.S. citizen. The Dallas-born 18-year-old high... Read More

Increasing Numbers "Remain in Mexico" Awaiting Immigration Court Hearings: TRAC
Posted on 29 Aug 2019 by Daniel M. Kowalski

TRAC, Aug. 26, 2019 "Immigrants waiting for their Immigration Court hearings under the "Remain in Mexico" MPP protocols have been rapidly increasing in number. Case-by-case court records obtained by the Transactional Records Access Clearinghouse... Read More

More Immigrants Are Giving Up Court Fights and Leaving the U.S.
Posted on 8 May 2019 by Daniel M. Kowalski

Christie Thompson, Andrew R. Calderon, The Marshall Project, May 8, 2019 "The number of immigrants who have applied for voluntary departure has soared since the election of Donald Trump, according to new Justice Department data obtained by The... Read More

Military Lawyers to be Detailed to Border for Immigration Cases?
Posted on 29 Apr 2019 by Daniel M. Kowalski

Washington Post, Apr. 26, 2019 "Senior Defense Department officials have recommended that acting defense secretary Patrick Shanahan approve a new request from the Department of Homeland Security to provide military lawyers, cooks and drivers to... Read More

Posted on 3 Apr 2019 by Daniel M. Kowalski

AIC and AILA, Apr. 3, 2019 "The American Immigration Council (“Council”) and the American Immigration Lawyers Association (“AILA”) jointly file this complaint on behalf of immigration practitioners and their detained clients... Read More