Immigration Law

Recent Posts

Bhaktibhai-Patel Practice Alert: NILA (May 2, 2022)
Posted on 2 May 2022 by Daniel M. Kowalski

NILA, May 2, 2022 "On April 27, 2022, a panel of the Second Circuit issued a decision that, if permitted to stand, cuts off judicial review for individuals with fear-based claims who are subject to final removal orders under the reinstatement statute... Read More

How Will the En Banc CA9 Rule in Tomczyk? (Reinstatement)
Posted on 15 Nov 2021 by Daniel M. Kowalski

Here is a link to the Sept. 21, 2021 oral argument video. To recap: Tomczyk v. Wilkinson, 987 F.3d 815 - "DHS failed to apply the correct legal standard under 8 U.S.C.S. § 1231(a)(5) for entering an order reinstating the alien's deportation... Read More

CA9 to Rehear Tomczyk En Banc
Posted on 7 Jul 2021 by Daniel M. Kowalski

Tomczyk v. Garland "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition is vacated... Read More

CA9 on Reinstatement: Tomczyk v. Wilkinson
Posted on 3 Feb 2021 by Daniel M. Kowalski

Tomczyk v. Wilkinson "We ... hold that a noncitizen has not “reentered the United States illegally” within the meaning of § 1231(a)(5) based solely on the fact of inadmissibility at the time of reentry. Rather, the act of “reenter... Read More

CA9: Vega-Anguiano v. Barr amended; pet. reh. den.
Posted on 24 Nov 2020 by Daniel M. Kowalski

Vega-Anguiano v. Barr, Nov. 24, 2020 "The opinion, concurrence, and dissent filed November 19, 2019, and published at 942 F.3d 945 are amended by the opinion, concurrence, and dissent filed concurrently with this order. With this amendment, Judges... Read More

CA9 on Reinstatement: Vega-Anguiano v. Barr
Posted on 20 Nov 2019 by Daniel M. Kowalski

Vega-Anguiano v. Barr "On February 25, 2014, Immigration and Customs Enforcement (“ICE”) reinstated Francisco Vega-Anguiano’s prior order of removal. Vega-Anguiano filed a timely petition for review of the reinstatement order... Read More

CA4 Upholds Habeas Victory: Guzman Chavez v. Hott
Posted on 11 Oct 2019 by Daniel M. Kowalski

Guzman Chavez v. Hott "The petitioners in this case are a class of noncitizens subject to reinstated removal orders, which generally are not open to challenge. The petitioners may, however, pursue withholding of removal if they have a reasonable... Read More

Habeas Victory in SDNY: Martinez v. McAleenan
Posted on 17 Jun 2019 by Daniel M. Kowalski

Martinez v. McAleenan "Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S. since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and Customs Enforcement ("ICE"... Read More

Practice Advisory: Reinstatement of Removal
Posted on 23 May 2019 by Daniel M. Kowalski

American Immigration Council, National Immigration Project, May 23, 2019 "This practice advisory provides an overview of the reinstatement statute and implementing regulations, including how the Department of Homeland Security (DHS) issues and... Read More