Immigration Law

Recent Posts

Getting Through the Reinstatement Maze - Robert Pauw
Posted on 20 Nov 2017 by Daniel M. Kowalski

Robert Pauw, Nov. 13, 2017 - "It often seems like the deck is stacked against our clients, particularly when the government uses tools like reinstatement of removal that are complex to defend against. Reinstatement sounds simple, but in practice... Read More

CA9 on Motions to Reopen - Miller v. Sessions (May 8, 2018)
Posted on 8 May 2018 by Daniel M. Kowalski

Miller v. Sessions (May 8, 2018) - "The question presented in this case is what happens when ... two statutory provisions collide? If DHS reinstates a removal order that was entered in absentia, can the noncitizen still file a motion to reopen under... Read More

BIA on Jurisdiction, Asylum, Reinstatement: Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)
Posted on 27 Apr 2018 by Daniel M. Kowalski

Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018) - (1) The Department of Homeland Security has the authority to file a motion to reconsider in Immigration Court. (2) An applicant in withholding of removal only proceedings who is subject to a reinstated... Read More

CA9 on Jurisdiction, Reinstatement, Reasonable Fear: Ayala v. Sessions
Posted on 1 May 2017 by Daniel M. Kowalski

Ayala v. Sessions, May 1, 2017 - "After having been previously removed from the country and reentering, petitioner Silvia Ayala was detained and her removal order was reinstated. Ayala contended, however, that she had a reasonable fear of persecution... Read More

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases
Posted on 25 Aug 2015 by Daniel M. Kowalski

Missed Opportunities and Second Chances: Appellate Litigation Strategies for Asylum Seekers in Reinstatement Cases "This Article underscores the challenges faced by undocumented immigrants who, after removal, once again flee their countries of... Read More

NLRB Orders Reinstatement Of Undocumented Bakery Workers
Posted on 1 Apr 2015 by Daniel M. Kowalski

"The National Labor Relations Board has ordered a New York City bakery to give back jobs to several undocumented immigrants it axed over a decade ago for participating in protected labor activities, provided they can show they are allowed to work... Read More

AAO on Waivers, Reinstatement, U Visas: Matter of A-L- (Jan. 12, 2017)
Posted on 19 Jan 2017 by Daniel M. Kowalski

Gail Pendleton writes: "Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5)." Read More

BIA Unpub. on Jurisdiction
Posted on 7 Jan 2014 by Daniel M. Kowalski

"The Ninth Circuit recently held that nothing in section 241 (a)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1231(8)(5), or its implementing regulations deprives the agency of discretion to afford an alien a new plenary removal bearing... Read More

CA11 on Jurisdiction, Reasonable Fear, Reinstatement: Jimenez-Morales v. Lynch
Posted on 3 May 2016 by Daniel M. Kowalski

Jimenez-Morales v. Lynch, May 2, 2016 - "[T]he question we must address is whether the conclusion of the reasonable fear proceeding made Mr. Jimenez-Morales’ premature 2014 petition for review ripen into one that gave us jurisdiction. The government... Read More

CA9 on Reinstatement: Villa-Anguiano v. Holder
Posted on 14 Aug 2013 by Daniel M. Kowalski

"Alejandro Israel Villa-Anguiano (“Villa”) petitions for review of the government’s reinstatement of a removal order issued in 1997. Villa contends that the Immigration and Customs Enforcement (“ICE”) agency of the Department... Read More

CA9 on Reasonable Fear Determinations, Reinstatement, Standard of Review: Andrade-Garcia v. Lynch
Posted on 29 Apr 2016 by Daniel M. Kowalski

Andrade-Garcia v. Lynch, Apr. 29, 2016 - "Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief... Read More

Bond Hearing Required During Reinstatement Proceedings: Cruz-Sanchez v. DHS
Posted on 28 Feb 2014 by Daniel M. Kowalski

"The undersigned counsel for the parties hereby STIPULATE and AGREE that Petitioner entered ICE’s custody on August 23, 2013 and will therefore be eligible for a bond hearing before an immigration judge pursuant to Diouf v. Napolitano, 624... Read More

Removal Without Recourse: The Growth of Summary Deportations from the United States
Posted on 29 May 2014 by Daniel M. Kowalski

"The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear... Read More

Speedy Removal
Posted on 3 May 2013 by Daniel M. Kowalski

"From October 2007 through September 2011, more than 460,000 deportations were carried out under reinstatements across the country, shows an analysis of U.S. Department of Homeland Security records by The Chicago Reporter. Like Monreal, these immigrants... Read More