Immigration Law

Recent Posts

Supreme Court, 5-4: Patel v. Garland
Posted on 16 May 2022 by Daniel M. Kowalski

Patel v. Garland Majority : "With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal. We must decide how far this bar extends—specifically... Read More

Bhaktibhai-Patel Practice Alert: NILA (May 2, 2022)
Posted on 2 May 2022 by Daniel M. Kowalski

NILA, May 2, 2022 "On April 27, 2022, a panel of the Second Circuit issued a decision that, if permitted to stand, cuts off judicial review for individuals with fear-based claims who are subject to final removal orders under the reinstatement statute... Read More

Supreme Court (7-2) on Judicial Review: Guerrero-Lasprilla v. Barr
Posted on 23 Mar 2020 by Daniel M. Kowalski

Guerrero-Lasprilla v. Barr "Section 242(a) of the Immigration and Nationality Act, codified as 8 U. S. C. §1252(a), provides for judicial review of a final Government order directing the removal of an alien from this country. See 66 Stat.... Read More

CA10 on Expedited Removal, Due Process: USA v. Gonzalez-Fierro
Posted on 5 Feb 2020 by Daniel M. Kowalski

USA v. Gonzalez-Fierro "To the extent 8 U.S.C. § 1225(b)(1)(D) strips federal courts of jurisdiction to review the fundamental fairness of an expedited removal proceeding before the Government can use that expedited removal to prove a §... Read More

THE ROLE OF JUDGES TO “SAY WHAT THE LAW IS”: JUDICIAL OVERSIGHT OF IMMIGRATION ADJUDICATION
Posted on 3 Feb 2020 by Daniel M. Kowalski

Tess Hellgren, Jan. 31, 2020 "Since the beginning of the Trump Administration, the immigration court system has been used as a tool to further the executive branch’s anti-immigrant agenda. The Attorney General and other executive officials... Read More

'Safe' Third Country Agreements and Judicial Review in the US and Canada
Posted on 2 Dec 2019 by Daniel M. Kowalski

David Isaacson, Nov. 27, 2019 "The subject of safe third country agreements, or as the U.S. government has begun calling them “Asylum Cooperation Agreements”, has been in the news lately in both the United States and Canada. The U.S... Read More

CA9 on Finality, Jurisdiction: Abdisalan v. Holder
Posted on 15 Dec 2014 by Daniel M. Kowalski

"When does an order of removal become “final” for the purpose of seeking judicial review? Panels of our court have reached varying conclusions, creating unnecessary confusion as to the timeliness of petitions for review and our jurisdiction... Read More

A Framework for Judicial Review and Remand in Immigration Law
Posted on 22 Sep 2014 by Daniel M. Kowalski

Collin D Schueler, University of Kentucky College of Law, 2015, Denver University Law Review, Forthcoming : "This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both... Read More