Immigration Law

Recent Posts

Proposed Sentencing Reform in Illegal Re-entry Cases: The Quiet Crackdown - Julissa Arce
Posted on 8 Apr 2016 by Daniel M. Kowalski

Julissa Arce, Apr. 8, 2016 - "The lack of media coverage and silence among politicians and presidential candidates on the proposed changes by the USSC are alarming, and frankly, disappointing since it is relevant to two hotly debated issues this... Read More

Judge: Border Prosecutions 'Destroy Families Every Day'
Posted on 24 May 2013 by Daniel M. Kowalski

"The skyrocketing criminal prosecutions of migrants for illegally entering or reentering the United States carry huge human and financial costs, Human Rights Watch said in a report released today. Imprisoning migrants with minor or no criminal records... Read More

Reentry Cases Clog Penn. Courts
Posted on 7 Jan 2013 by Daniel M. Kowalski

"Immigration cases were almost nonexistent in Western Pennsylvania's federal courts until 2005. The caseload since then, Mr. Hickton said, is "largely a function of what the investigative agencies bring to us," adding that immigration... Read More

The Rise of Federal Immigration Crimes: Unlawful Reentry Cases Drive Growth
Posted on 24 Mar 2014 by Daniel M. Kowalski

"While the Obama administration claims that its immigration-enforcement efforts are focused on the apprehension of dangerous criminals and terrorists, federal statistics indicate that a great deal of time, effort, and money are devoted to locking... Read More

Ninth Circuit on collateral attack, due process, waiver of appeal rights: U.S. v. Melendez-Castro
Posted on 19 Jan 2012 by Daniel M. Kowalski

"Defendant Antonio Melendez-Castro appeals his conviction under 8 U.S.C. § 1326(b) for illegal reentry into the United States after being deported. Melendez-Castro challenges his conviction based on a collateral attack of the underlying removal... Read More

Proving Alienage: U.S. v. Terraza-Palma
Posted on 16 Sep 2012 by Daniel M. Kowalski

"The weight of Ninth Circuit authority supports the conclusion that a finding of alienage, as noted in a defendant's warrant of removal, is inadmissible hearsay that may not be used to prove the alienage element of a § 1326 offense. Accordingly... Read More

Reentry Cases Swamp Federal Magistrates, District Courts
Posted on 28 Jan 2012 by Daniel M. Kowalski

TRAC, Jan. 26, 2012 : DHS Referred Most Federal Criminal Prosecutions in October 2011 Number Latest Month 8,038 Percent Change from previous month 9.3 Percent Change from 1 year ago 0.8 Percent... Read More

Collateral Estoppel IJ Victory in Seattle
Posted on 2 Feb 2012 by Daniel M. Kowalski

Devin Theriot-Orr writes: "From IJ Tammy Fitting in Tacoma. The decision reopens a 1996 Anna Ho deportation order based on a 2011 habeas corpus decision from the E.D. Wash. holding that the deport order violates due process. Some nice language on... Read More