Immigration Law

Recent Posts

Jennings Remanded to District Court
Posted on 26 Nov 2018 by Daniel M. Kowalski

CA9, Nov. 19, 2018 - "On remand from the Supreme Court’s opinion in Jennings v. Rodriguez, 138 S. Ct. 830 (2018), in an action in which petitioners challenge their prolonged immigration detention, the panel remanded constitutional claims and... Read More

Sessions Switches Horses on Matter of X-K- Query
Posted on 15 Oct 2018 by Daniel M. Kowalski

See: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)(Sept. 18, 2018) Matter of M-G-G-, 27 I&N Dec. 475 (A.G. 2018)(Oct. 12, 2018) and Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)(Oct. 12, 2018) Read More

Expert: Supreme Court Remand Could Exacerbate Immigration Court Delays, Backlogs
Posted on 28 Feb 2018 by Daniel M. Kowalski

David G. Savage, Los Angeles Times, Feb. 27, 2018 - "The case of Jennings vs. Rodriguez began in lower courts a decade ago, before Barack Obama was elected president. It was first argued at the high court in November 2016, a few weeks after Donald... Read More

BREAKING: Supreme Court Reverses CA9 on Periodic Bond Hearings for Detained Aliens - Jennings v. Rodriguez
Posted on 27 Feb 2018 by Daniel M. Kowalski

Jennings v. Rodriguez - "In this case we are asked to interpret three provisions of U. S. immigration law that authorize the Government to detain aliens in the course of immigration proceedings. All parties appear to agree that the text of these... Read More

Jennings and the Metastization of the ERO Archipelago
Posted on 11 Mar 2018 by Daniel M. Kowalski

Garrrett Epps, The Atlantic, Mar. 9, 2018 - "A quarter-century ago, in 1994, the Immigration and Naturalization Service, on any given day, was holding somewhere around 5,500 immigrants in “immigration detention.” For fiscal year 2017... Read More

Experts: Supreme Court Justice Gorsuch Could Be Key Vote on Immigration Cases
Posted on 2 Oct 2017 by Daniel M. Kowalski

UC Davis School of Law Dean Kevin R. Johnson and Cornell Law School Professor of Immigration Law Practice Stephen W. Yale-Loehr share their thoughts on how Justice Neil Gorsuch's views could affect two big immigration cases now pending at the Supreme... Read More

S.C. Oral Argument Analysis: Immigrant Detention and the Constitution - Jennings v. Rodriguez
Posted on 2 Dec 2016 by Daniel M. Kowalski

Kevin Johnson, Dec. 1, 2016 - "[T] he justices appeared deeply divided during oral argument in Jennings v. Rodriguez . This class-action challenge to immigration detentions raises questions about whether immigrants, like virtually any U.S. citizen... Read More

Legomsky and Yale-Loehr File Amicus Brief in Jennings v. Rodriguez
Posted on 14 Feb 2017 by Daniel M. Kowalski

Cornell law Prof. Stephen W. Yale-Loehr writes: "Steve Legomsky and I signed the attached amicus brief in Jennings v. Rodriguez , the immigration detention bond case now pending before the Supreme Court. An excellent team at Ropes & Gray did... Read More

Supreme Court Oral Argument Preview: Jennings v. Rodriguez
Posted on 26 Sep 2017 by Daniel M. Kowalski

Prof. Kevin Johnson, Sept. 26, 2017 - "Detention as a tool of immigration enforcement has increased dramatically following immigration reforms enacted in 1996. Two Supreme Court cases at the dawn of the new millennium offered contrasting approaches... Read More

Supreme Court Orders Supplemental Briefing: Jennings v. Rodriguez
Posted on 16 Dec 2016 by Daniel M. Kowalski

SCOTUS Order, Dec. 15, 2016 - "The parties are directed to file supplemental briefs addressing the following questions: 1) Whether the Constitution requires that aliens seeking admission to the United States who are subject to mandatory detention... Read More

Prolonged Detention Stories (Jennings v. Rodriguez)
Posted on 4 Nov 2016 by Daniel M. Kowalski

NYU Immigrant Rights Clinic and Community Initiatives for Visiting Immigrants in Confinement (CIVIC) - "In the United States today, people are held in immigration detention for months and even years without getting their day in court. In Jennings... Read More