Immigration Law

Recent Posts

Denver IJ Pens "Treatise" on Defective NTAs
Posted on 26 Jan 2023 by Daniel M. Kowalski

On Jan. 10, 2023 Denver Immigration Judge issued this order dismissing removal proceedings due to a defective NTA, discussing Pereira, Niz-Chavez and 10th Cir. caselaw. Hats off to Denver attorney Ryland Warner . Read More

Matter of Fernandes: UPDATE
Posted on 13 Dec 2022 by Daniel M. Kowalski

In Matter of Fernandes , the BIA held that "DHS may remedy the noncompliant notice to appear. The precise contours of permissible remedies are not before us at this time." Former IJ Jeffrey S. Chase wrote this analysis . Counsel for respondent... Read More

Deciphering Matter of Fernandes
Posted on 5 Dec 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Dec. 5, 2022 "Back in August, the BIA issued Matter of Fernandes ,1 the latest installment in the ongoing saga of Pereira v. Sessions .2 Four years after Pereira , Fernandes established that a timely challenge to a defective... Read More

CA1 Amicus Win: LaParra-DeLeon v. Garland
Posted on 8 Nov 2022 by Daniel M. Kowalski

NILA in Action, Nov. 7, 2022 "In LaParra-DeLeon v. Garland , NILA submitted an amicus brief and reply brief in support of the petitioner, on behalf of itself and three other immigrants’ rights organizations. The case, a petition for review... Read More

Another CA5 Pereira / Niz-Chavez Remand: Parada v. Garland - Now Published!
Posted on 2 Sep 2022 by Daniel M. Kowalski

Parada v. Garland "[T]he BIA’s decision to deny Parada’s motion to reopen was based on a legally erroneous interpretation of the statutes governing Notices to Appear and the stop-time rule. The Supreme Court has since reinforced the... Read More

Food Fight at the Fifth: Rodriguez v. Garland (9-8)(Niz-Chavez; Pereira)
Posted on 20 Apr 2022 by Daniel M. Kowalski

Rodriguez v. Garland "The petition for panel rehearing is DENIED. Additionally, the court having been polled at the request of one of the members of the court and a majority of the judges who are in active service not having voted in favor, rehearing... Read More

CA9 Makes Short Work of Laparra: Singh v. Garland
Posted on 4 Feb 2022 by Daniel M. Kowalski

Singh v. Garland "This appeal requires us to decide what notice must be given to noncitizens before the government can order them removed in absentia. ... The government reasons that because § 1229a(b)(5)(A) is written in the disjunctive and... Read More

Stuck on Repeat: Hon. Jeffrey S. Chase on Matter of Laparra
Posted on 31 Jan 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Jan. 31, 2022 "The first three lessons learned from the BIA’s recent decision in Matter of Laparra 1 are: (1) the Board knows only one tune; (2) that tune is the “Falls Church Two-Step,” and (3) the tune... Read More

Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021)
Posted on 23 Sep 2021 by Daniel M. Kowalski

Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021) (1) A Notice to Appear that does not specify the time and place of a respondent’s initial removal hearing does not deprive the Immigration Judge of jurisdiction over the respondent’s... Read More

CA9 on Admission, Voluntary Departure: Posos-Sanchez v. Garland
Posted on 7 Jul 2021 by Daniel M. Kowalski

Posos-Sanchez v. Garland "Noncitizens factually admitted to the United States at a U.S. port of entry while they hold temporary resident status under § 1255a(a) do not magically become unadmitted once their temporary resident status ends.... Read More

Joint Niz-Chavez Practice Advisory (June 30, 2021)
Posted on 2 Jul 2021 by Daniel M. Kowalski

CLINIC, AIC, NIP/NLG, July 30, 2021 Strategies and Considerations in the Wake of Niz-Chavez v. Garland - "This practice advisory will discuss the Supreme Court’s decisions in Niz-Chavez and Pereira and provide strategies for practitioners... Read More

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

BIA on Voluntary Departure, Pereira: Matter of Viera-Garcia and Ordonez-Viera
Posted on 26 Jan 2021 by Daniel M. Kowalski

Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021) Headnote: Where a notice to appear fails to specify the time or place of a respondent’s initial removal hearing, the subsequent service of a notice of hearing specifying... Read More

Cert. Granted in Niz-Chavez v. Barr (Stop-Time Rule; Pereira)
Posted on 8 Jun 2020 by Daniel M. Kowalski

Link to the June 8, 2020 Order List here . Link to the SCOTUSblog case page, with all the briefs to date, here . Read More