Immigration Law

Recent Posts

Despite Opposition, ICE Expands SComm
Posted on 12 May 2012 by Daniel M. Kowalski

"Obama administration officials have announced that a contentious fingerprinting program to identify [unauthorized] immigrants will be extended across Massachusetts and New York next week, expanding federal enforcement efforts despite opposition... Read More

Class Action Lawsuits in Mass., Wa. Challenge Mandatory, No-Bond Detention
Posted on 9 Aug 2013 by Daniel M. Kowalski

" Gordon v. Napolitano is a class action lawsuit filed on behalf of immigration detainees in Massachusetts who are unlawfully subject to mandatory, no-bond detention. Khoury v. Asher is a class action lawsuit filed on behalf of immigration detainees... Read More

Mass. high court victory for immigrants who sued because of health coverage exclusion
Posted on 6 Jan 2012 by Daniel M. Kowalski

"The state’s highest court has handed a victory to legal immigrants in Massachusetts who sued because they were excluded from subsidized health coverage. The Supreme Judicial Court said that the law excluding the immigrants “violates... Read More

Refugee Status is a 'Special' Special Circumstance re Withdrawal of Guilty Plea: Commonwealth v. Lavrinenko
Posted on 15 Oct 2015 by Daniel M. Kowalski

"The issue on appeal is whether a noncitizen defendant, admitted into the United States as a refugee, is entitled to withdraw his guilty plea to a complaint charging assault by means of a dangerous weapon, where his attorney did not make a reasonable... Read More

Mass. SJC on Advisals; 'Eligible' for Deportation an Inadequate Warning: Commonwealth v. DeJesus
Posted on 23 May 2014 by Daniel M. Kowalski

" On Monday, the Massachusetts Supreme Judicial Court (SJC) held that a noncitizen received constitutionally ineffective assistance of counsel where his attorney warned only that a plea to an aggravated felony would make him “eligible for deportation”... Read More

Mass. Supreme Judicial Court on PRWORA
Posted on 6 Jan 2012 by Daniel M. Kowalski

"In this case, we apply strict scrutiny to a legislative appropriation that denied State subsidies for the purchase of health insurance to a category of noncitizen immigrants lawfully residing in the Commonwealth (qualified aliens). Under the... Read More

Mass. High Court Breathes New Life Into Padilla in Commonwealth v. Sylvain
Posted on 16 Sep 2013 by Daniel M. Kowalski

"In an important decision last week the Massachusetts Supreme Judicial Court (SJC) confirmed it will continue to part ways with the United States Supreme Court over the retroactive application of the Supreme Court’s 2010 decision in Padilla... Read More

Padilla Retroactive in Mass: Commonwealth v. Sylvain
Posted on 14 Sep 2013 by Daniel M. Kowalski

Wendy Wayne writes: "Today, the SJC held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in Padilla v. Kentucky, is retroactive under Massachusetts common law for convictions obtained... Read More

'When Released' Habeas Victory in Mass. - Castañeda v. Souza
Posted on 4 Jul 2013 by Daniel M. Kowalski

Gregory Romanovsky writes: "A very thorough analysis on the "when released" issue and some great language in the attached district court's decision : "This lack of analysis in Hosh is startling and likely the reason why the Hosh... Read More

Mass. Sup. Jud. Ct. - State Immigration Detainer Enforcement Is Unlawful - Lunn v. Commonwealth (Treatise Cited)
Posted on 24 Jul 2017 by Daniel M. Kowalski

NIJC, July 24, 2017 - "Today, in another legal blow to U.S. Immigration and Custom’s Enforcement’s (ICE) use of immigration detainers, the Massachusetts Supreme Judicial Court decided that police or judicial authorities’ practice... Read More