Immigration Law

Recent Posts

CA2 on 'When...Released', Indefinite Detention: Lora v. Shanahan
Posted on 29 Oct 2015 by Daniel M. Kowalski

"[W]e join the Third, Fourth, and Tenth Circuits in holding that DHS retains its authority and duty to detain an alien even if not exercised immediately upon the alien’s release. Regardless of whether “when . . . released” contemplates... Read More

CA3 on Mandatory Detention, 'When...Released' - Sylvain v. Atty. Gen.
Posted on 22 Apr 2013 by Daniel M. Kowalski

"This case presents a straightforward question: Do immigration officials lose authority to impose mandatory detention if they fail to do so "when the alien is released"? The answer turns on the interplay between several provisions of the... Read More

Mandatory Immigration Detention for U.S. Crimes: The Noncitizen Presumption of Dangerousness
Posted on 20 Dec 2013 by Daniel M. Kowalski

"Today in the United States, mandatory immigration detention imposes extraordinary deprivations of liberty following ordinary crimes—if the person convicted is not a U.S. citizen. Here, I explore that disparate treatment, in the first detailed... Read More

CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.
Posted on 16 Jun 2016 by Daniel M. Kowalski

Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of... Read More

Mandatory Detention Habeas Victory in Utah: The Chairez-Castrejon Saga Takes a New Turn
Posted on 22 May 2016 by Daniel M. Kowalski

Chairez-Castrejon v. Bible, May 19, 2016 - "Although Mr. Chairez advocates for the use of the Second and Ninth Circuits’ bright-line rule, he argues that under either approach, he is entitled to a bond hearing because his detention has been... Read More

CA3 on Mandatory Detention, Habeas: Chavez-Alvarez v. Warden
Posted on 9 Apr 2015 by Daniel M. Kowalski

"Chavez-Alvarez appeals the District Court’s denial of his petition for a writ of habeas corpus. He contends that the Government is violating his right to due process by detaining him, pursuant to 8 U.S.C. §1226(c), without a bond hearing... Read More

Govt. Pet. Reh. Granted in Castañeda v. Souza (CA1 on 'When...Released')
Posted on 7 Oct 2014 by Daniel M. Kowalski

"The [government's] petition for rehearing en banc is granted. In accordance with customary practice, the panel opinion [ 769 F.3d 32 ] released on October 6, 2014 is withdrawn, and the judgment entered on the same date is vacated. ... The parties... Read More

BIA Unpubs on Mandatory Detention under INA Section 236(c)
Posted on 4 Aug 2013 by Daniel M. Kowalski

Gerardo Candelario-Torres , A087 968 160 (BIA Jan. 14, 2011) In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention based on his assault conviction under Cal. Penal Code 240... Read More

Mandatory Detention Habeas Victory: Charles v. Shanahan
Posted on 6 Nov 2012 by Daniel M. Kowalski

"This case concerns the issue of whether the "when . . . released" clause in § 1226(c) means that an individual must be detained immediately after being released from custody or can be detained at some point in time after release from... Read More

CA4 Rides Rojas Shark Over Reason's Hurdle: Hosh v. Lucero
Posted on 29 May 2012 by Daniel M. Kowalski

"We hold that the BIA’s interpretation of § 1226(c) in Rojas was reasonable, and must be afforded deference. Moreover, the Government’s supposed failure to comply with a statutory immediacy requirement—when the statute does... Read More