Immigration Law

Recent Posts

Permanent Injunction Granted in Cal. Sanctuary Cities Case
Posted on 8 Oct 2018 by Daniel M. Kowalski

San Francisco v. Sessions, Oct. 5, 2018 - "In agreement with every court that has looked at these issues, I find that: the challenged conditions violate the separation of powers; Section 1373 is unconstitutional; the Attorney General exceeds the... Read More

CA9 Orders ICE to Bring Back Mexican Asylum Applicant to US - Mandamus Writ Granted!
Posted on 16 Jan 2018 by Daniel M. Kowalski

Rekha Sharma-Crawford writes: "This case involved the [published] en banc decision in http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/08/13-72682.pdf . [Bringas-Rodriguez v. Sessions] After the remand, DHS deported him 3 days before Christmas... Read More

CA9 on DACA, Mandamus, Administrative Record: Trump v. U.S. District Court
Posted on 20 Nov 2017 by Daniel M. Kowalski

Trump v. U.S. District Court, Nov. 16, 2017 - "Several sets of plaintiffs sued to enjoin the rescission of DACA under the Administrative Procedure Act (“APA”) and under various constitutional theories not relevant here. ... The government... Read More

Advocates Move To Prevent Release Of Immigrants' Info - Law360
Posted on 6 Jun 2016 by Daniel M. Kowalski

Allissa Wickham, Law360, June 4, 2016 - "A group of immigrants and advocacy groups on Friday asked the Fifth Circuit to cancel a lower court’s request for information regarding certain immigrants with deferred action, adding a new development... Read More

Dreamers Affected by Federal Judge Order Seek to Defend Their Privacy - NILC
Posted on 4 Jun 2016 by Daniel M. Kowalski

NILC, June 3, 2016 - "The National Immigration Law Center, the American Civil Liberties Union, and the ACLU of Texas today filed a petition for writ of mandamus before the Fifth Circuit Court of Appeals on behalf of four people impacted by a recent... Read More

Jurisdictional Mandamus Victory, TRIG AOS Delay: Assadi v. Beers
Posted on 14 Feb 2014 by Daniel M. Kowalski

"In this action, plaintiff Mortezza Assadi ("plaintiff or "Assadi") seeks an order mandating that the defendants finally adjudicate his application for permanent resident status, which has been pending for over 14 years. Now before... Read More

Tags: trig , assadi , mandamus , zahedi

Emergency Mandamus Filed in CA9; ICE Detains U.S. Citizen; District Court Fails to Act
Posted on 3 Dec 2012 by Daniel M. Kowalski

"On May 30, 2012, Petitioner Esteban Tiznado-Reyna filed a petition for writ of habeas corpus and motion for preliminary injunction to the United States District Court of the District of Arizona. See Exhibit 1, Docket Report for 12-cv-01159-SRB-SPL... Read More

I-485 Mandamus Victory in Detroit: Labaneya v. USCIS
Posted on 30 Aug 2013 by Daniel M. Kowalski

"In this case, Mr. Baytiyeh's I-485 application for Adjustment of Status has been pending for more than four years. The only explanation for the four-year delay provided by Defendants is that offered in the Declaration of Jovana Gjelaj, a Senior... Read More