Immigration Law

Recent Posts

For USCIS, Parole Does Not Mean Parole: Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)
Posted on 2 Sep 2020 by Daniel M. Kowalski

USICS, Aug. 20, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision. Accordingly, this Adopted Decision shall be used to guide determinations... Read More

Tags: tps , AAO , MTINA , parole , USCIS

Parole Into Guam Rescinded for Certain Russians
Posted on 3 Sep 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 "Under discretionary parole policies, Department of Homeland Security (DHS) has granted parole on a case-by-case basis to nationals of the Russian Federation (Russia) to enter Guam... Read More

Tags: Guam , parole , Russia , DHS

New USCIS EAD Policy for Parolees (Aug. 19, 2019)
Posted on 19 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 19, 2019, PA-2019-04 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address USCIS’ discretion to grant employment authorization to foreign nationals paroled into the... Read More

Tags: ead , parole , USCIS

USCIS to End Certain Categorical Parole Programs
Posted on 2 Aug 2019 by Daniel M. Kowalski

USCIS, Aug. 2, 2019 "U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate two categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements... Read More

Tags: parole , USCIS

ICE Interim Parole Guidance for Implementation of Matter of M-S - July 15, 2019
Posted on 22 Jul 2019 by Daniel M. Kowalski

ICE, July 15, 2019 Interim Guidance for Implementation of Matter of M-S, 27 I&N Dec. 509 (A.G. 2019) During the Stay of the Modified Nationwide Preliminary Injunction in Padilla v. ICE, No. 18-928, 2019 WL 2766720 (W.D. Wash. July 2, 2019): Parole... Read More

Tags: parole , ICE

ACLU of La. and SPLC Sue Trump Administration for Illegally Denying Parole to Asylum Seekers
Posted on 31 May 2019 by Daniel M. Kowalski

ACLU, May 30, 2019 "The SPLC and the American Civil Liberties Union of Louisiana filed suit today against the Trump administration for categorically denying release to hundreds of people who are languishing in immigration prisons after lawfully... Read More

Matter of M-S- and the Continuing Battle Over ‘Zero Tolerance’
Posted on 30 May 2019 by Daniel M. Kowalski

Andrew Patterson, May 29, 2019 "Asylum seekers who have passed their credible fear interviews—those whom immigration officers find have viable asylum claims—may no longer have access to an important protection against prolonged imprisonment... Read More

A.G. Barr Overrules Matter of X-K-, Delays Effective Date 90 Days: Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019)
Posted on 16 Apr 2019 by Daniel M. Kowalski

Matter of M-S-, 27 I&N Dec. 509 (A.G. 2019) (1) Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), was wrongly decided and is overruled. (2) An alien who is transferred from expedited removal proceedings to full removal proceedings after establishing... Read More

Major Victory for Asylum-Seekers; Court Enjoins Blanket Parole Denials - Damus v. Nielsen
Posted on 3 Jul 2018 by Daniel M. Kowalski

ACLU, July 2, 2018 - " A federal court has blocked the arbitrary detention of asylum seekers fleeing persecution, torture, or death in their countries of origin. It also ordered a case-by-case review of whether each asylum seeker in the class-action... Read More

Court Overturns DHS Delay of International Entrepreneur Rule: NVCA v. Duke
Posted on 4 Dec 2017 by Daniel M. Kowalski

NVCA, Dec. 1, 2017 - "Foreign entrepreneurs who want to build innovative companies in the U.S. received good news today when United States District Judge James E. Boasberg of the U.S. District Court for the District of Columbia ruled in favor of... Read More

BIA on IJ Authority to Terminate: Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
Posted on 2 Nov 2017 by Daniel M. Kowalski

Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) - An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland... Read More

Trump's DHS Ends Parole Program for Central American Refugee Kids
Posted on 16 Aug 2017 by Daniel M. Kowalski

Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 - "The Department of Homeland Security (DHS) is publishing this notice to notify the public that it will no longer provide special consideration of parole for certain individuals denied... Read More

After Forming Deep Roots in U.S., Man Discovers He Isn’t a Citizen
Posted on 13 May 2014 by Daniel M. Kowalski

"After living nearly a half century in the United States — marrying and raising a family here, paying taxes and working for decades for the federal government — Mario Hernandez made a discovery recently that rattled him to his core: He... Read More

Entrepreneur Parole Proposed Rule Published in Federal Register
Posted on 31 Aug 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 - " The Department of Homeland Security (DHS) proposes to amend its regulations implementing the Secretary of Homeland Security’s discretionary parole authority to increase and... Read More

Advance Copy of USCIS Proposed Rule: Parole for Entrepreneurs (Pub. Date Aug. 31, 2016)
Posted on 26 Aug 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/31/2016 - "The Department of Homeland Security (DHS) proposes to amend its regulations implementing the Secretary of Homeland Security’s discretionary parole authority... Read More