Immigration Law

Recent Posts

CA4, En Banc, on Bivens for Border Killing: Hernandez v. Mesa
Posted on 21 Mar 2018 by Daniel M. Kowalski

Hernandez v. Mesa, Mar. 20, 2018 Majority : "Here, extending Bivens would interfere with the political branches’ oversight of national security and foreign affairs. ... the district court’s judgment of dismissal is AFFIRMED."... Read More

Supreme Court on Cross-Border Shooting: Hernandez v. Mesa
Posted on 26 Jun 2017 by Daniel M. Kowalski

Hernandez v. Mesa, June 26, 2017 - "The facts alleged in the complaint depict a disturbing incident resulting in a heartbreaking loss of life. Whether petitioners may recover damages for that loss in this suit depends on questions that are best answered... Read More

Fifth Circuit: Border Agent Has Immunity For Shooting Death of Mexican Teen
Posted on 25 Apr 2015 by Daniel M. Kowalski

"The full Fifth Circuit on Friday ruled that the U.S. Border Patrol agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity and could not be sued by the teen’s family under... Read More

CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)
Posted on 2 Jul 2014 by Daniel M. Kowalski

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a... Read More