Immigration Law

Recent Posts

Supreme Court Oral Argument Previews: Mellouli v. Holder
Posted on 13 Jan 2015 by Daniel M. Kowalski

REVISIONIST HISTORY: THE GOVERNMENT’S LATEST ATTEMPT TO IGNORE THE CATEGORICAL APPROACH IN MELLOULI V. HOLDER - By Alina Das RETHINKING REMOVABILITY FOR POSSESSION OF DRUG PARAPHERNALIA (AKA A SOCK) - By Jennifer Lee Koh DRAWING OUTSIDE THE... Read More

Deported Vets
Posted on 24 Sep 2013 by Daniel M. Kowalski

"Serving in the military can help immigrants gain U.S. citizenship. But vets who commit crimes may find themselves deported despite their service to the country. Latino USA speaks with a vet awaiting deportation and with filmmaker John Valadez, currently... Read More

CA3 on Mandatory Detention, Habeas: Chavez-Alvarez v. Warden
Posted on 9 Apr 2015 by Daniel M. Kowalski

"Chavez-Alvarez appeals the District Court’s denial of his petition for a writ of habeas corpus. He contends that the Government is violating his right to due process by detaining him, pursuant to 8 U.S.C. §1226(c), without a bond hearing... Read More

Is a Special Court-Martial a 'Court' for Immigration (Removal) Purposes? - Gourzong v. Atty. Gen. (CA3)
Posted on 14 Jun 2016 by Daniel M. Kowalski

Gourzong v. Attorney General, June 14, 2016 Majority : "We agree with the BIA that, as a general matter, convictions by special courts-martial qualify as convictions for purposes of the INA." Dissent : "Gourzong was not “convicted... Read More

Double Win for Shagin, Burch: CA3 Remands Chavez-Alvarez, Orders Bond Hearing; Gov't Position 'Scarcely Passes the Laugh Test'
Posted on 16 Apr 2015 by Daniel M. Kowalski

Tremendous victories for Valerie Burch and Craig Shagin ! Hats way off! 1. "Jose Juan Chavez-Alvarez petitions the Court for review of a decision of the Board of Immigration Appeals (BIA) [ Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014... Read More

CA3 on Modified Categorical Approach, CIMT: Chavez-Alvarez II
Posted on 9 Mar 2017 by Daniel M. Kowalski

Chavez-Alvarez v. Atty. Gen., Mar. 9, 2017 - "In the simplest of terms, the BIA reasoned that the President — through his delegated authority to define punishments for those who commit military crimes — essentially could create the definition... Read More

CA3 on 'Relating to a Controlled Substance' - Rojas v. Attorney General (En Banc)
Posted on 28 Aug 2013 by Daniel M. Kowalski

"Petitioner Ramiro Rojas entered the United States as a lawful permanent resident in 2003 when he was 12 years old. Six years later, Rojas pled guilty to possessing drug paraphernalia in violation of Pennsylvania law and was ordered to pay a fine... Read More