Immigration Law

Recent Posts

DOJ, DHS on Restarting MPP Hearings
Posted on 20 Jul 2020 by Daniel M. Kowalski

DHS, July 17, 2020 "The U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) remain committed to resuming removal hearings for aliens subject to the Migrant Protection Protocols (MPP) as expeditiously as possible... Read More

BIA on MPP: Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)
Posted on 14 Jul 2020 by Daniel M. Kowalski

Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020) Under section 235(b)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(C) (2018), an alien who is arriving on land from a contiguous foreign territory may be returned by the Department... Read More

The Out Crowd
Posted on 18 May 2020 by Daniel M. Kowalski

This American Life, Nov. 15, 2019 "Reports from the frontlines of the Trump administration's "Remain in Mexico" asylum policy. We hear from asylum seekers waiting across the border in Mexico, in a makeshift refugee camp, and from... Read More

Lawsuit Filed Over 'Remain in Mexico' Program Secrecy
Posted on 15 May 2020 by Daniel M. Kowalski

American Immigration Council, American Immigration Lawyers Association (AILA), Human Rights Watch (HRW), Winston & Strawn LLP, May 14, 2020 "The American Immigration Council, the American Immigration Lawyers Association (AILA), Human Rights... Read More

Joint EOIR/DHS Statement on MPP (May 10, 2020)
Posted on 11 May 2020 by Daniel M. Kowalski

EOIR/DHS, May 10, 2020 "The Departments of Justice and Homeland Security continue to take necessary measures to prevent the spread of COVID-19 by limiting in-person interaction. To this end, the Departments have made the following adjustments to... Read More

Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020)
Posted on 8 May 2020 by Daniel M. Kowalski

Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020) The absence of a checked alien classification box on a Notice to Appear (Form I-862) does not, by itself, render the notice to appear fatally deficient or otherwise preclude an Immigration Judge... Read More

MPP Hearings Rescheduled Again
Posted on 1 May 2020 by Daniel M. Kowalski

EOIR/DHS, May 1, 2020 "The Departments of Justice and Homeland Security have extended the temporary postponement of Migrant Protection Protocols (MPP). Hearings scheduled through, and including, June 1, 2020, will be rescheduled. As the Departments... Read More

MPP Hearings Postponed Again
Posted on 1 Apr 2020 by Daniel M. Kowalski

DHS/DOJ, Apr. 1, 2020 "Due to continued circumstances related to COVID-19 and newly-issued guidance from the Centers for Disease Control and Prevention, the Departments of Justice and Homeland Security have determined to extend the temporary postponement... Read More

Joint DHS/EOIR Statement on MPP Rescheduling
Posted on 24 Mar 2020 by Daniel M. Kowalski

DHS, Mar. 23, 2020 "Due to circumstances resulting from COVID-19, all Migrant Protection Protocol (MPP) master calendar and merit hearings presently scheduled through April 22 will be rescheduled. Neither the MPP program nor any hearings will be... Read More

Supreme Court Stays Injunction Against MPP / Remain in Mexico
Posted on 11 Mar 2020 by Daniel M. Kowalski

WOLF, SEC. OF HOMELAND, ET AL. V. INNOVATION LAW LAB, ET AL. (ORDER LIST: 589 U.S.) WEDNESDAY, MARCH 11, 2020 ORDER IN PENDING CASE 19A960 WOLF, SEC. OF HOMELAND, ET AL. V. INNOVATION LAW LAB, ET AL. The application for stay presented to Justice... Read More

Expert: Supreme Court Likely to Block Border Injunction
Posted on 5 Mar 2020 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 4, 2020 "While insisting that a policy that has forced 60,000 asylum seekers to wait in Mexico violates United States law, a federal appeals court on Wednesday granted the Trump administration’s request... Read More

CA9 on MPP: Partial Stay Extended
Posted on 5 Mar 2020 by Daniel M. Kowalski

Innovation Law Lab v. Wolf "If the law were less clear—that is, if there were any serious possibility that the MPP is consistent with §§ 1225(b) and 1231(b)—we would stay the district court’s injunction in its entirety... Read More

CA9 Temporarily Stays Own Block on 'Remain in Mexico' Asylum Rule: Innovation Law Lab v. Wolf
Posted on 2 Mar 2020 by Daniel M. Kowalski

Innovation Law Lab v. Wolf "Plaintiffs brought suit in district court seeking an injunction against the Government’s recently promulgated Migrant Protection Protocols (“MPP”), under which non-Mexican asylum seekers who present... Read More

CA9 Blocks 'Remain in Mexico' (MPP) Policy: Innovation Law Lab v. Wolf
Posted on 28 Feb 2020 by Daniel M. Kowalski

Innovation Law Lab v. Wolf "We conclude that the MPP is inconsistent with 8 U.S.C. § 1225(b), and that it is inconsistent in part with 8 U.S.C. § 1231(b). Because the MPP is invalid in its entirety due to its inconsistency with §... Read More

BIA on MPP: Matter of J.J. Rodriguez, 27 I&N Dec. 762 (BIA 2020)
Posted on 31 Jan 2020 by Daniel M. Kowalski

Matter of J.J. Rodriguez, 27 I&N Dec. 762 (BIA 2020) Where the Department of Homeland Security returns an alien to Mexico to await an immigration hearing pursuant to the Migrant Protection Protocols and provides the alien with sufficient notice... Read More