Immigration Law

Recent Posts

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

Newly Arriving Families Not Main Reason for Immigration Court's Growing Backlog: TRAC
Posted on 21 Mar 2019 by Daniel M. Kowalski

TRAC, Mar. 18, 2019 "The Immigration Court backlog continues to rise. As of February 28, 2019, the number of pending cases on the court's active docket topped eight hundred and fifty-five thousand (855,807) cases. This is an increase of over... Read More

CA5 on Change of Address: Fuentes-Peña v. Barr
Posted on 8 Mar 2019 by Daniel M. Kowalski

Fuentes-Peña v. Barr "Because ICE is now responsible for providing the alien’s address to the immigration court when it files the NTA, we read 8 U.S.C. §1229, through the lens of 6 U.S.C. § 557, to require the alien to provide... Read More

TRAC Tracks Immigration Court Bond Hearings, Case Outcomes
Posted on 15 Feb 2019 by Daniel M. Kowalski

TRAC, Feb. 12, 2019 "Given the increased public discussion over who ICE should detain and how long they should remain detained, TRAC has developed a new web query bond outcomes tool . The tool allows users to drill in to examine, month-by-month... Read More

All The World's A Stage (Including the 2nd Circuit!)
Posted on 11 Feb 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Feb. 10, 2019 "“ How did we get here? How the hell… Pan left - close on the steeple of the church .” Jonathan Larson, “Halloween,” from Rent The above lines popped into my head as I... Read More

Cancelled Immigration Court Hearings Grow as Shutdown Continues
Posted on 15 Jan 2019 by Daniel M. Kowalski

TRAC, Jan. 14, 2019 "Since the beginning of the federal government shutdown, most Immigration Court hearings have been cancelled . As of January 11, the estimated number of cancellations reached 42,726. Each week the shutdown continues, cancelled... Read More

EOIR Memo: Tracking and Expedition of "Family Unit" Cases (Nov. 16, 2018)
Posted on 16 Nov 2018 by Daniel M. Kowalski

EOIR, Nov. 16, 2018 "Clarifies the agency's tracking and expedition of "family unit" cases, as identified by the Department of Homeland Security (DHS) at the time of filing with the Immigration Court." Read More

Immigration Court Backlog Surpasses One Million Cases - TRAC Report
Posted on 7 Nov 2018 by Daniel M. Kowalski

TRAC, Nov. 6, 2018 - "The Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY 2017. Results compiled... Read More

A Culture of No
Posted on 10 Oct 2018 by Daniel M. Kowalski

Justine van der Leun, VQR, October 2018 - "The fate of people seeking asylum in the United States is determined not just by the legitimacy of their claims, but by where they land. This is the story of how one immigration court in Texas has shut the... Read More

Why Are Immigration Court Bonds Skyrocketing?
Posted on 25 Jul 2018 by Daniel M. Kowalski

Dianne Solis, Dallas Morning News, July 23, 2018 - "Nothing in the law has changed regarding bonds," said Dan Kowalski, an immigration attorney and editor of an immigration law bulletin . "The only explanation I can think of is immigration... Read More

Immigration Court Bonds Rise Under Trump
Posted on 29 Jun 2018 by Daniel M. Kowalski

Daniel Bush, PBS, June 28, 2018 - "Federal judges are setting unusually large bonds for detained immigrants, immigration attorneys say, including for parents who were separated from their children at the border, a shift that has delayed the parents’... Read More

Punitive 'In Absentia' Immigration Court Rules Hamper Asylum Seekers: Report
Posted on 12 Jul 2018 by Daniel M. Kowalski

Dara Lind, Vox, July 11, 2018 - "A new study blows up Trump’s “catch-and-release” myth. Families seeking asylum often miss their court dates — not because they’re criminals, but because the system is broken. President... Read More

Three-fold Difference in Immigration Bond Amounts by Court Location - TRAC
Posted on 2 Jul 2018 by Daniel M. Kowalski

TRAC, July 2, 2018 - "Using the latest available case-by-case court records, current through May 2018, this report examines the outcome of custody hearings before immigration judges. At custody hearings, the judge decides whether or not the immigrant... Read More