Immigration Law

Recent Posts

CA3 on Access to Counsel: Freza v. Atty. Gen.
Posted on 15 Sep 2022 by Daniel M. Kowalski

Freza v. Atty. Gen. "We are hard pressed to find a more compelling set of facts constituting a violation of Freza’s due process and statutory right to counsel. After Freza diligently sought counsel while incarcerated, he was finally able... Read More

CA9 (2-1) on Right to Counsel: Usubakunov v. Garland
Posted on 1 Nov 2021 by Daniel M. Kowalski

Usubakunov v. Garland "This is not a case of a petitioner abusing the system or requesting serial delays of his merits hearing—Usubakunov had found an attorney willing to take his case. Although it may be tempting to look for a bright-line... Read More

CA9 on Right to Counsel: Orozco-Lopez v. Garland
Posted on 25 Aug 2021 by Daniel M. Kowalski

Orozco-Lopez v. Garland "[W]e hold that non-citizens whose removal orders have been reinstated are statutorily entitled to counsel, at no expense to the government, at their reasonable fear hearings before an IJ. This statutory entitlement is cabined... Read More

CA1 on Right to Counsel: Hernandez Lara v. Barr
Posted on 15 Jun 2020 by Daniel M. Kowalski

Hernandez Lara v. Barr "Hernandez petitions for review on multiple grounds, but we need decide only one. Concluding that the IJ denied Hernandez her statutory right to be represented by the counsel of her choice, we grant the petition, vacate the... Read More

Right to Counsel Victory in 'Return to Mexico' Litigation
Posted on 16 Jan 2020 by Daniel M. Kowalski

ACLU, Jan. 15, 2020 "U.S. District Court Judge Dana Sabraw on Tuesday granted the ACLU Foundation of San Diego & Imperial Counties’ (ACLUF-SDIC) motions for class certification and a preliminary injunction in the lawsuit, Doe v. Wolf... Read More

Judge Restrains Feds From Blocking Asylum Seekers’ Access to Attorneys
Posted on 14 Nov 2019 by Daniel M. Kowalski

Bianca Bruno, CNS, Nov. 12, 2019 "A federal judge Tuesday restrained the federal government from blocking asylum seekers’ access to attorneys when interviewed about their fear of being returned to Mexico under the Migrant Protection Protocols... Read More

Right to Counsel Victory at CA9: Zuniga v. Barr
Posted on 20 Aug 2019 by Daniel M. Kowalski

Zuniga v. Barr "This case presents us with a simple question: do noncitizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on... Read More

Report: Systematic Violation Of Immigrants’ Right To Counsel at Remote Immigration Jail
Posted on 4 Dec 2017 by Daniel M. Kowalski

NIJC, Nov. 29, 2017 - "This report focuses on the Cibola County Correctional Center, a prison complex in rural New Mexico owned and operated by the private prison giant CoreCivic (formerly Corrections Corporation of America)1 with the capacity to... Read More

The Right to Counsel in Immigration and Removal Cases: Panels
Posted on 28 Mar 2013 by Daniel M. Kowalski

The Right to Counsel in Immigration and Removal Cases, part 1 Mark Noferi and Erin Corcoran discuss civil Gideon in the immigration context, and alternatives to a constitutional guarantee of representation. Erin Corcoran presents her work arguing... Read More

Framing the Right to Counsel in Immigration Proceedings
Posted on 11 Jun 2014 by Daniel M. Kowalski

Mark Noferi writes : "On Friday, May 30, 2014, I chaired a panel called “Framing the Right to Counsel in Immigration Proceedings” at the annual Law and Society meeting in Minneapolis. Dean Kevin Johnson was gracious enough to participate... Read More

Cal. Truth Act Protects Rights of Detained Immigrants
Posted on 30 Sep 2016 by Daniel M. Kowalski

Adolfo Flores, BuzzFeed News, Sept. 28, 2016 - "California on Wednesday became the first state to require that undocumented immigrants be told of their right to an attorney before being interviewed by federal immigration authorities while in custody... Read More

Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond (NILC)
Posted on 22 Apr 2016 by Daniel M. Kowalski

NILC, March 2016 - "Imagine being locked up in jail and having to convince a judge to allow you to stay in the U.S. Losing your case will mean being separated, maybe for the rest of your life, from the people you love most. It may also mean being... Read More

Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation
Posted on 7 Dec 2011 by Daniel M. Kowalski

" This Article considers whether Padilla v. Kentucky might have implications beyond the question of what constitutes effective assistance of counsel, and specifically, whether Padilla might provide a basis for challenging current limitations... Read More

CA9 on Right to Counsel: U.S. v. Peralta-Sanchez
Posted on 8 Feb 2017 by Daniel M. Kowalski

U.S. v. Peralta-Sanchez, Feb. 7, 2017 Opinion by Judge Bybee - "Peralta had no Fifth Amendment due process right to counsel in the expedited removal proceeding under § 1225, and he cannot demonstrate prejudice resulting from the failure to... Read More

CA9 on Right to Counsel: Montes-Lopez v. Holder
Posted on 18 Sep 2012 by Daniel M. Kowalski

"Petitioner Mario Montes-Lopez, a native and citizen of El Salvador, petitions for review of an order of removal. Petitioner’s attorney failed to appear at a scheduled merits hearing before an Immigration Judge (“IJ”) because his... Read More