Immigration Law

Recent Posts

Practice Alert: DOJ’s Office of Immigration Litigation Publishes Petition for Review Remand Criteria
Posted on 20 Jul 2022 by Daniel M. Kowalski

NIPNLG, July 19, 2022 "...The newly published OIL remand guidance reinforces the important role that remand can play in achieving a desirable outcome for individuals with pending PFRs. Practitioners litigating PFRs on behalf of noncitizen clients... Read More

Practice Advisory: Post-Conviction Relief Motions to Reopen
Posted on 27 Jun 2022 by Daniel M. Kowalski

NIPNLG, ILRC, June 24, 2022 "This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief." Copyright 2022, National Immigration Project of the National Lawyers... Read More

Immigration Lawsuits and the APA: The Basics of a District Court Action
Posted on 23 Sep 2021 by Daniel M. Kowalski

NILA, AIC PRACTICE ADVISORY, September 22, 2021 "The Administrative Procedure Act (APA) is a federal statute that regulates federal agency action in a number of ways. Relevant here, the judicial review provisions of the APA, 5 U.S.C. § 701... Read More

CLINIC Practice Advisory: Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018)
Posted on 12 Dec 2018 by Daniel M. Kowalski

CLINIC, Dec. 6, 2018 - "This practice advisory provides practitioners guidance on Matter of L-A-B-R-, a decision issued on August 16, 2018. In L-A-B-R- , former Attorney General Jeff Session addressed the factors that an IJ must consider when a respondent... Read More

Pereira v. Sessions Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information
Posted on 10 Jul 2018 by Daniel M. Kowalski

National Immigration Project, National Lawyers Guild, July 2018 - "This practice advisory provides information on how to use Pereira v. Sessions to overcome the “stop-time” rule and more broadly, to challenge Immigration Court Jurisdiction... Read More

Pereira v. Sessions Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information
Posted on 10 Jul 2018 by Daniel M. Kowalski

National Immigration Project, National Lawyers Guild, July 2018 - "This practice advisory provides information on how to use Pereira v. Sessions to overcome the “stop-time” rule and more broadly, to challenge Immigration Court Jurisdiction... Read More

Bond-Related Issues for DACA Recipients - CLINIC Practice Advisory (Mar. 26, 2018)
Posted on 26 Mar 2018 by Daniel M. Kowalski

CLINIC, Mar. 26, 2018 - "The aim of this practice advisory is to provide practitioners with a resource for representing former DACA recipients in INA § 236(a) immigration bond proceedings." Copyright 2018, The Catholic Legal Immigration... Read More

Vartelas Practice Advisory
Posted on 5 Apr 2012 by Daniel M. Kowalski

" This Practice Advisory describes the Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions... Read More

NIPNLG Practice Advisory: Remedies to DHS Enforcement at Courthouses and Other Protected Locations
Posted on 13 Apr 2017 by Daniel M. Kowalski

NIPNLG, Apr. 12, 2017 - "Few are aware that Congress provided statutory remedies in 8 U.S.C. § 1229(e) that may enable an individual who the Department of Homeland Security (DHS) arrests at certain protected locations to terminate removal proceedings... Read More

Practice Advisory: Working with Child Clients and Their Family Members in Light of the Trump Administration’s Focus on “Smugglers”
Posted on 9 Jul 2017 by Daniel M. Kowalski

Public Counsel and Catholic Legal Immigration Network, Inc., July 2017 - "Both the Department of Homeland Security and the Department of Justice recently issued memoranda prioritizing the targeting of parents and family members who helped facilitate... Read More

Immigration Litigation & the Chenery Doctrine - Practice Advisory
Posted on 9 Oct 2012 by Daniel M. Kowalski

"Have you ever rubbed your eyes or scratched your head in disbelief after reading a government brief that urges the federal court to uphold an immigration decision based on a reason or rationale not discussed, or even mentioned, in the decision itself... Read More

AIC Practice Advisory: Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents
Posted on 13 Sep 2017 by Daniel M. Kowalski

Mary Kenney, AIC, Sept. 11, 2017 - "Two courts of appeals have held that a grant of Temporary Protected Status (TPS) may make an individual eligible for adjustment of status. In Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), and Flores v. USCIS... Read More

ACLU / NWIRP Joint Practice Advisory: Conditional Parole
Posted on 28 Jan 2015 by Daniel M. Kowalski

DHS Files Brief to the BIA Acknowledging that IJs May Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond "On January 21, 2015, the Department of Homeland Security (“DHS”) filed... Read More

Practice Advisory: Model Briefing for Defending Eligibility for LPR Cancellation of Removal Where the Record of Conviction Is Inconclusive
Posted on 1 Jun 2012 by Daniel M. Kowalski

"On May 4th, IDP and the Stanford Law School Immigrant Rights Clinic issued an updated practice advisory with model briefing for immigrants and their lawyers fighting criminal bars on eligibility for relief from removal. In an application for... Read More

AIC Practice Advisory: Administrative Closure and Motions to Recalendar
Posted on 16 Jun 2017 by Daniel M. Kowalski

AIC, June 15, 2017 - "This practice advisory addresses the recent rise in government motions to recalendar cases that were administratively closed, and suggests strategies for opposing such motions. It also provides a broad overview of the use of... Read More