Immigration Law

Recent Posts

Prof. Nancy Morawetz: The Illogic and Cruelty of Barton v. Barr
Posted on 23 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 23, 2020 "Today’s Supreme Court decision in Barton v. Barr (see also here ), is disappointing on many levels. It ignores congressional intent and closes off relief for long term lawful permanent residents (LPRs... Read More

Prof. Nancy Morawetz: Will the Confession of Error in Brown Once Again Block the Courthouse Door?
Posted on 22 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 22, 2020 "The mystery of the Brown v. Barr case (see yesterday’s blog) was partially solved when Marcia Coyle at the National Law Journal obtained a copy. See Download Brown . It is still not available on any public... Read More

Prof. Nancy Morawetz: Are SG Confessions of Error Now Secret?
Posted on 21 Apr 2020 by Daniel M. Kowalski

Prof. Nancy Morawetz, Apr. 20, 2020 "Today the Supreme Court summarily reversed and remanded an immigration case noting that the Solicitor General had confessed error, thereby making remand appropriate. The Court’s summary order in Brown... Read More

Barton v. Barr Oral Arg. Transcript and More
Posted on 6 Nov 2019 by Daniel M. Kowalski

The transcript is here . The argument preview is here . The page with links to the briefs is here . Post-argument commentary by Prof. Nancy Morawetz is here . Read More

Experts: Trump's Muslim Ban Proposal Unconstitutional
Posted on 8 Dec 2015 by Daniel M. Kowalski

New York Times, Dec. 7, 2015 - "Experts on immigration law and policy expressed shock at the proposal Monday afternoon. “This is just so antithetical to the history of the United States,” said Nancy Morawetz, a professor of clinical law... Read More

Supreme Court Oral Argument Previews: Mellouli v. Holder
Posted on 13 Jan 2015 by Daniel M. Kowalski

REVISIONIST HISTORY: THE GOVERNMENT’S LATEST ATTEMPT TO IGNORE THE CATEGORICAL APPROACH IN MELLOULI V. HOLDER - By Alina Das RETHINKING REMOVABILITY FOR POSSESSION OF DRUG PARAPHERNALIA (AKA A SOCK) - By Jennifer Lee Koh DRAWING OUTSIDE THE... Read More

Supreme Court Oral Argument Preview: Maslenjak v. U.S.
Posted on 24 Apr 2017 by Daniel M. Kowalski

Nancy Morawetz, Apr. 24, 2017 - "[On Wednesday, Apr. 26, 2017,] the Supreme Court will hear argument in Maslenjak v. United States , a case in which the government seeks extraordinary power to jail and strip citizenship from anyone based on an immaterial... Read More

Immigration Law and the Myth of Comprehensive Registration
Posted on 21 Aug 2014 by Daniel M. Kowalski

"This Article identifies an insidious misconception in immigration law and policy: the myth of comprehensive registration. According to this myth — proponents of which include members of the Supreme Court, federal and state officials, and commentators... Read More

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz
Posted on 16 Feb 2015 by Daniel M. Kowalski

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In... Read More

Victory Denied: After Winning On Appeal, An Inadequate Return Policy Leaves Immigrants Stranded Abroad
Posted on 9 Jul 2014 by Daniel M. Kowalski

Copyright 2014 by the Immigrant Rights Clinic. All rights reserved. Published July 2014. "Today, many immigrants who have won their deportation cases on appeal before a circuit court—a filing called a “petition for review”—are... Read More

Deferring to Itself? The Office of the Solicitor General’s Odd Argument in Mellouli
Posted on 5 Jan 2015 by Daniel M. Kowalski

Nancy Morawetz of NYU offers her thoughts on Mellouli v. Holder , an immigration case set for oral argument before the Supreme Court on January 14: "This Term, the Supreme Court will hear Mellouli v. Holder (Dkt. No. 13-1034 ) , its fourth case in... Read More

Nancy Morawetz Unpacks the CSPA Memo
Posted on 23 Nov 2013 by Daniel M. Kowalski

"After more than a decade of silence, the government has issued policy guidance on the Child Status Protection Act, 8 U.S.C. 1153(h)(3) (CSPA). The guidance addresses the very provision the Supreme Court will be addressing in Mayorkas v Cuellar de... Read More

When Border Patrol Crosses The Line
Posted on 11 Feb 2013 by Daniel M. Kowalski

" A new report by the immigrant rights group Families for Freedom and the New York University School of Law Immigrant Rights Clinic found that Border Patrol agents were making unlawful arrests alongside the US-Canada border. We speak to co-author... Read More