Immigration Law

Recent Posts

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

CA10 on Stop-Time Rule, Pereira: BaƱuelos-Galviz v. Barr
Posted on 25 Mar 2020 by Daniel M. Kowalski

Bañuelos-Galviz v. Barr "[W]hat if an incomplete notice to appear is followed by a notice of hearing that supplies the previously omitted information? We conclude that the stop-time rule is still not triggered. In our view, the stop-time... Read More

CA3 on Pereira, Stop-Time: Guadalupe v. Barr
Posted on 26 Feb 2020 by Daniel M. Kowalski

Guadalupe v. Barr "In Pereira v. Sessions, the Supreme Court held that a Notice to Appear (NTA) that omits the time and date of appearance does not stop a noncitizen’s continuous residency period. The issue before us is whether Pereira abrogated... Read More

BIA on Jurisdiction, Pereira: Matter of Rosales Vargas and Rosales Rosales, 27 I&N Dec. 745 (BIA 2020)
Posted on 10 Jan 2020 by Daniel M. Kowalski

Matter of Rosales Vargas and Rosales Rosales, 27 I&N Dec. 745 (BIA 2020) A notice to appear that does not include the address of the Immigration Court where the Department of Homeland Security will file the charging document, see 8 C.F.R. §... Read More

Jeffrey S. Chase: Latest Pereira Developments
Posted on 3 Jun 2019 by Daniel M. Kowalski

Jeffrey S. Chase, June 3, 2019 "I have previously discussed the implications of the Supreme Court’s 2018 decision in Pereira v. Sessions here and here . There are two aspects to the Pereira decision. The first is the narrow issue presented... Read More

2 New BIA Decisions on Pereira
Posted on 22 May 2019 by Daniel M. Kowalski

27 I&N Dec. 546 (BIA 2019), Matter of PENA-MEJIA - Neither rescission of an in absentia order of removal nor termination of the proceedings is required where an alien did not appear at a scheduled hearing after being served with a notice to appear... Read More