Immigration Law

Recent Posts

Biden’s Pardons: The First Drops in a Big Bucket of Criminal Reform
Posted on 17 Oct 2022 by Daniel M. Kowalski

Prof. Stacy Caplow, Oct. 17, 2022 "President Biden pardoned thousands of United States citizens and lawful permanent residents who committed or were convicted in federal courts of simple marijuana possession since 1992, and even earlier if those... Read More

Biden's Marijuana Pardon Proclamation Excludes Non-Citizens Not Lawfully Present
Posted on 7 Oct 2022 by Daniel M. Kowalski

White House, Oct. 6, 2022 - A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana "... This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their... Read More

National Immigration Project Calls on President Biden to Include All Immigrants in Marijuana Conviction Pardons
Posted on 7 Oct 2022 by Daniel M. Kowalski

National Immigration Project, Oct. 6, 2022 "Today President Biden pardoned thousands of people who were convicted on federal charges of simple possession of marijuana from 1992 to 2021. While these pardons are long overdue and necessary, they regrettably... Read More

Tags: Biden , marijuana

BIA Badly Bungles Frentescu Stress Test: Dor v. Garland
Posted on 20 Aug 2022 by Daniel M. Kowalski

Dor v. Garland "Petitioner, Jonalson Dor ("Dor"), seeks judicial review of a Board of Immigration Appeals ("BIA") decision affirming an immigration judge's ("IJ") decision to deny Dor's applications for relief... Read More

CBP on Marijuana
Posted on 11 May 2022 by Daniel M. Kowalski

Sarah Jarvis, Law360, May 10, 2022 "A 2018 U.S. Customs and Border Protection document recently disclosed amid a lawsuit filed by Davis Wright Tremaine LLP [Davis Wright Tremaine LLP v. U.S. Customs and Border Protection, case number 2:19-cv-00334... Read More

Tags: cbp , marijuana

CA11 on Controlled Substances: Said v. Garland
Posted on 24 Mar 2022 by Daniel M. Kowalski

Said v. Garland "[W]e conclude that the BIA and IJ erred in finding that Said was ineligible for cancellation of removal. By the plain language of § 893.02(3), not all substances that it proscribes are federally controlled. Section 893.02... Read More

CA9 on Marijuana, CIMT: Walcott v. Garland
Posted on 22 Dec 2021 by Daniel M. Kowalski

Walcott v. Garland "Pattie Page Walcott, a citizen of Jamaica, became a lawful permanent resident of the United States in March 1999. In 2011, the government charged her with removability pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) for having... Read More

CA9 on Controlled Substance Trafficking: Cortes-Maldonado v. Barr
Posted on 15 Oct 2020 by Daniel M. Kowalski

Cortes-Maldonado v. Barr "We address whether the conduct proscribed by Oregon’s former marijuana delivery statute, Or. Rev. Stat. § 475.860 (2011), constitutes the federal generic crime of “illicit trafficking of a controlled substance... Read More

Neil Young Faces US Citizenship Delay Over Marijuana Use
Posted on 11 Nov 2019 by Daniel M. Kowalski

Laura Snapes, The Guardian, Nov. 11, 2019 " Neil Young is facing a delay in his application for US citizenship after honestly answering a question about his marijuana use. In a letter to fans posted on his website , the Canadian songwriter said... Read More

Reps Lead Bipartisan Letter to Change Administration Guidance on Immigrants Working in the Cannabis Industry
Posted on 30 May 2019 by Daniel M. Kowalski

Congressman Joe Neguse, May 29, 2019 "Representatives Joe Neguse (D-CO), Hakeem Jeffries (D-NY) and Kelly Armstrong (R-ND) are leading a bipartisan letter urging Attorney General Barr and Acting Secretary McAleenan to retract guidelines issued... Read More

USCIS Policy Alert: Controlled Substance-Related Activity and Good Moral Character Determinations
Posted on 19 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 19, 2019 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing... Read More

Denver Mayor Seeks Guidance from DOJ on Citizenship Denials, Marijuana
Posted on 11 Apr 2019 by Daniel M. Kowalski

At least two Colorado LPRs were denied naturalization "solely because of their cannabis industry employment." Denver Mayor Michael B. Hancock wrote this letter dated April 3, 2019 to Attorney General Barr asking for "formal guidance from... Read More

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

CA2 on 'Small Amount' of Marijuana: Hylton v. Sessions
Posted on 21 Jul 2018 by Daniel M. Kowalski

Hylton v. Sessions - "Antoine Hylton, a Jamaican national, petitions for review of the May 9, 2017 order of the Board of Immigration Appeals (“BIA”), which found him ineligible for cancellation of removal because his prior state conviction... Read More

Unless You’re an American Citizen, Legal Marijuana is Not For You
Posted on 13 Feb 2018 by Daniel M. Kowalski

Ann Marie Awad, Colorado Public Radio, Feb. 12, 2018 - "Marijuana may be a multi-billion dollar industry in Colorado, but cannabis is still illegal federally — so any job in the industry can be considered trafficking in a controlled substance... Read More