Immigration Law

Recent Posts

CA9 on Service, Suppression, CAT: B.R. v. Garland
Posted on 13 Jul 2021 by Daniel M. Kowalski

B.R. v. Garland "All substantive hearings, pleadings, and orders occurred after service on B.R. was perfected. B.R. has not shown he was prejudiced by the delay in service in obtaining relief from removal. B.R. is not entitled to termination based... Read More

Tags: cat , nta , suppression

Another Twist on Niz-Chavez: The "Fake Date" Problem
Posted on 14 May 2021 by Daniel M. Kowalski

Prof. Geoffrey Hoffman, May 14, 2021 - "A fascinating twist on the factual scenario in Niz-Chavez is what to do if your client had an NTA with a so-called "fake date." The "fake date" problem is one you will remember well if you... Read More

Supreme Court: NTA Must Be a Single Document to Trigger Stop-Time Rule
Posted on 29 Apr 2021 by Daniel M. Kowalski

Niz-Chavez v. Garland (6-3) "Some circuits have accepted the government’s notice-by-installment theory. Others, however, have held that the government must issue a single and comprehensive notice before it can trigger the stop-time rule.... Read More

Updated NTA Guidance (USCIS, Nov. 15, 2018)
Posted on 29 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 15, 2018 - "On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAsl in Cases Involving Inadmissible and... Read More

Implementation of USCIS NTA Policy Postponed
Posted on 31 Jul 2018 by Daniel M. Kowalski

USCIS, July 30, 2018 - "Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components... Read More

New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson
Posted on 11 Jul 2018 by Daniel M. Kowalski

David Isaacson, July 10, 2018 - "In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see” : how the Trump Administration was, “in a systematic and less visible way, his... Read More

Two New USCIS Policy Memos re Issuance of Notices to Appear (June 28, 2018)
Posted on 6 Jul 2018 by Daniel M. Kowalski

PM-602-0050.1 - "This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including... Read More

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta
Posted on 17 Jul 2018 by Daniel M. Kowalski

Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities... Read More

New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson
Posted on 11 Jul 2018 by Daniel M. Kowalski

David Isaacson, July 10, 2018 - "In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see” : how the Trump Administration was, “in a systematic and less visible way, his... Read More

New Report Calls for Improvements to DHS Notice to Appear Procedure
Posted on 23 Oct 2013 by Daniel M. Kowalski

"“To File or Not to File,” a report released today by the Center for Immigrants’ Rights at Penn State Law highlights the rate and circumstances surrounding Notice to Appear (NTA) filings at the immigration court. The report is available... Read More

FOIA Release: The Relationship Between Prosecutorial Discretion and NTAs
Posted on 2 Jul 2013 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia writes: "As an outcome of research for a future report by Penn State Dickinson School of Law’s Center for Immigrants’ Rights and the American Bar Association’s Commission on Immigration on the relationship... Read More

USCIS: Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens
Posted on 8 Nov 2011 by Daniel M. Kowalski

"This Policy Memorandum (PM) establishes new USCIS guidelines for referring cases and issuing Notices to Appear (NTAs) in a manner that promotes the sound use of the resources of the Department of Homeland Security and the Department of Justice to... Read More

BIA on 'Stop-Time Rule' - Matter of Ordaz-Gonzalez
Posted on 25 Jul 2015 by Daniel M. Kowalski

Official Headnote : A notice to appear that was served on an alien but never resulted in the commencement of removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant... Read More