Immigration Law

Recent Posts

Lawsuit: Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy
Posted on 2 Mar 2019 by Daniel M. Kowalski

AIC, Feb. 28, 2019 "In July and November of 2018, the American Immigration Council, along with the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin Cardozo School of Law, filed two requests under the Freedom of Information Act (FOIA... Read More

N.Y. Court of Appeals on Petty Offense, Jury Trial, Immigration Consequences: People v. Suazo
Posted on 28 Nov 2018 by Daniel M. Kowalski

People v. Suazo - "The Sixth Amendment of the United States Constitution guarantees that a defendant will be judged by a jury of peers if charged with a serious crime. Today, as a matter of first impression, we hold that a noncitizen defendant who... Read More

Reflections on Prosecutorial Discretion in Immigration Context 1 Year After the Morton Memo
Posted on 21 Jun 2012 by LexisNexis Immigration Law Community Staff

By Shoba Sivaprasad Wadhia In this Analysis, Shoba Sivaprasad Wadhia, the founder/director of Penn State's Center for Immigrants' Rights, reflects on the implementation of the famous (or infamous) immigration-agency memos on using "prosecutorial... 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

Benson & Wheeler: Enhancing Quality and Timeliness in Immigration Removal Adjudication
Posted on 29 May 2012 by Daniel M. Kowalski

Enhancing Quality and Timeliness in Immigration Removal Adjudication , by Lenni B. Benson & Russell R. Wheeler. "This draft report was prepared for the consideration of the Administrative Conference of the United States. The views expressed are... Read More

American Exile: Rapid Deportations That Bypass the Courtroom
Posted on 5 Dec 2014 by Daniel M. Kowalski

"Every year, hundreds of thousands of people (83 percent) are deported from the United States without a hearing. These individuals never see a judge; instead, their rights and fates are determined by a single immigration enforcement officer in a... Read More

Removals vs. Returns: How to Think About Obama's Deportation Record
Posted on 18 Apr 2014 by Daniel M. Kowalski

"Earlier this week, I wrote a piece noting that the Obama administration has deported 2 million people — the most of any president in history. Some critics took issue with that characterization — and the dispute here hinges on the... Read More

Immigration Removal Orders Rise, But With Wide Variation By Court: TRAC
Posted on 21 Dec 2014 by Daniel M. Kowalski

"The U.S. Immigration Court is granting a greater proportion of the deportation orders that are being requested by the government. According to the latest case-by-case records, current through the end of November 2014, the Immigration Court granted... Read More

Tags: Court , removal , TRAC

ICE Releases FY12 Year-End Stats
Posted on 23 Dec 2012 by Daniel M. Kowalski

"Overall, in FY 2012 ICE's Office of Enforcement and Removal Operations removed 409,849 individuals. Of these, approximately 55 percent, or 225,390 of the people removed, were convicted of felonies or misdemeanors – almost double the removal... Read More

Tags: fy12 , STATs , removal , ICE

Giving Voice to Unaccompanied Children in Removal Proceedings
Posted on 7 May 2014 by Daniel M. Kowalski

"In the last century, hundreds of thousands of children have migrated alone to the United States. Others migrated with adults but became separated after their arrival. The reasons for their migration vary, but in many cases, war, poverty, and violence... Read More

ACUS Proposed Recommendation: Immigration Removal Adjudication
Posted on 29 May 2012 by Daniel M. Kowalski

"Consultants for the Administrative Conference of the United States conducted a comprehensive and detailed study of potential improvements in immigration removal adjudication. Following the study and consistent with the Conference’s statutory... Read More

TRAC: Criminal Charges Continue Decline in Immigration Court
Posted on 11 Dec 2013 by Daniel M. Kowalski

"Alleged criminal activity continues to turn up less and less often as the basis for new Immigration Court filings seeking removal orders. So far in fiscal year 2014, only 13.5 percent of individuals have been alleged to be removable based on criminal... Read More

Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel
Posted on 27 Oct 2011 by Daniel M. Kowalski

Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel Stephen H. Legomsky St. Louis University Public Law Review, 2012 Washington University in St. Louis Legal Studies Research Paper 11-10-04... Read More

BIA on Use of I-9 in Removal Proceedings: Matter of Bett
Posted on 30 Oct 2014 by Daniel M. Kowalski

Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N... Read More

Tags: bia , removal , I-9 , Evidence , bett

ACUS to Discuss/Vote on Immigration Removal Adjudication Recommendations at 56th Plenary Session
Posted on 10 Jun 2012 by Daniel M. Kowalski

Prof. Lenni Benson writes: "I thought you might want to alert your world to the upcoming ACUS plenary session on immigration removal adjudication . The recommendations are those adopted by the ACUS Committee on Adjudications. Russell Wheeler... Read More