Immigration Law

Recent Posts

Major Suspension Clause Victory at CA3: Osorio-Martinez v. Attorney General
Posted on 19 Jun 2018 by Daniel M. Kowalski

Osorio-Martinez v. Attorney General - "Because we conclude that the INA strips the federal courts of jurisdiction to review Petitioners’ challenge to their expedited removal orders, we must confront a second question, this one of constitutional... Read More

Supreme Court May Help ‘Aged-Out’ Immigrant Kids
Posted on 20 Jan 2014 by Daniel M. Kowalski

"Allana Rambharose was once handcuffed and deported to her native Guyana — even though she’d been living in New York since age 4 — and faces an uncertain future because she 'aged-out' of her family’s visa bid. A lawsuit... Read More

Supreme Court Decision on CSPA Coming Soon: Carl Shusterman
Posted on 5 May 2014 by Daniel M. Kowalski

"We expect the Supreme Court to issue a decision on the nationwide class action lawsuit regarding CSPA, Mayorkas v. DeOsorio, very soon, possibly on May 10 or May 19. While we lawyers argue over the meaning of terms like “retention”,... Read More

CA11 on Theft, Fraud, Consent...and Inconsistent BIA Rulings: Vassell v. U.S. Atty. Gen.
Posted on 13 Jun 2016 by Daniel M. Kowalski

Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell... Read More

CA9, En Banc (6-5) on CSPA: De Osorio v. Mayorkas (Rejecting Matter of Wang)
Posted on 26 Sep 2012 by Daniel M. Kowalski

Majority : "The United States Citizen and Immigration Services (“USCIS”) denied Appellants’ requests for priority date retention under the CSPA. USCIS relied on the Board of Immigration Appeals’ (“BIA”) decision... Read More

Tags: cspa , osorio , wang

CA9 to rehear CSPA case en banc: Cuellar de Osorio v. Mayorkas
Posted on 21 Apr 2012 by Daniel M. Kowalski

"KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion [ 656 F.3d 954 (2011 )] shall not be cited as precedent... Read More

DOJ Petitions SC for Cert. on CSPA Circuit Split: Mayorkas v. De Osorio
Posted on 26 Jan 2013 by Daniel M. Kowalski

"By a 6-5 margin, the en banc Ninth Circuit has held that Section 1153(h)(3) grants special priority status to all aged-out derivative beneficiaries, refusing to defer to the contrary interpretation of the Board of Immigration Appeals. That ruling... Read More