Immigration Law

Recent Posts

Supreme Court on Cross-Border Shooting: Hernandez v. Mesa
Posted on 26 Jun 2017 by Daniel M. Kowalski

Hernandez v. Mesa, June 26, 2017 - "The facts alleged in the complaint depict a disturbing incident resulting in a heartbreaking loss of life. Whether petitioners may recover damages for that loss in this suit depends on questions that are best answered... Read More

Fifth Circuit: Border Agent Has Immunity For Shooting Death of Mexican Teen
Posted on 25 Apr 2015 by Daniel M. Kowalski

"The full Fifth Circuit on Friday ruled that the U.S. Border Patrol agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity and could not be sued by the teen’s family under... Read More

Border Patrol Agent Indicted for Cross-Border Shooting Death of Mexican Teen
Posted on 25 Sep 2015 by Daniel M. Kowalski

Tucson Sentinel, Sept. 24, 2015 - "Nearly three years after a 2012 shooting in Nogales, the U.S. Border Patrol agent who fired through the border fence and killed 16-year old Jose Antonio Elena Rodriguez was indicted Wednesday by a federal grand... Read More

CA5 on Bivens, 5th Amendment: Hernandez v. Mesa (Cross-Border Killing by Border Patrol)
Posted on 2 Jul 2014 by Daniel M. Kowalski

"We therefore hold that a noncitizen injured outside the United States as a result of arbitrary official conduct by a law enforcement officer located in the United States may invoke the protections provided by the Fifth Amendment. ... we extend a... Read More

Supreme Court Grants Cert. in Hernández v. Mesa
Posted on 13 Oct 2016 by Daniel M. Kowalski

15-118 HERNANDEZ V. MESA DECISION BELOW: 785 F.3d 117 LOWER COURT CASE NUMBER: 12-50217 QUESTION PRESENTED: In Boumediene v. Bush, this Court held that the Constitution's extraterritorial application "turn[s] on objective factors and... Read More

Another Cross-Border Shooting Death on Arizona - Mexico Border
Posted on 12 Oct 2012 by Daniel M. Kowalski

"A Border Patrol agent shot and killed a teenager in Nogales, Sonora, late Wednesday night after being shelled with rocks near the border fence. The Sonora State Investigative Police identified the fallen suspect as 16-year-old José Antonio... Read More

Lawsuits Challenge Border Patrol Shootings, Secrecy
Posted on 15 May 2014 by Daniel M. Kowalski

"Bob Hilliard didn't become an attorney to take on civil rights cases. He's a big-time personal injury trial lawyer in Corpus Christi who sues companies like GM and Coca-Cola. His nickname is "The Bulldog." Today, Hilliard represents... Read More

Border Patrol Agent Called for Non-Lethal Weapon Before Fatal Shooting
Posted on 22 Nov 2013 by Daniel M. Kowalski

"The Border Patrol agent who shot and killed 17-year-old Ramses Barron Torres in 2011 made a last-minute call for non-lethal weapons prior to shooting through the border fence into Mexico, according to a new account of the shooting. The 10-page final... Read More

Border Patrol account of deadly Nogales shooting is disputed
Posted on 30 Mar 2013 by Daniel M. Kowalski

"A Nogales teenager was simply walking down the street and not throwing rocks at U.S. Border Patrol agents the night he was shot and killed, a new witness says, contradicting the agency's initial statement." - Perla Trevizo, Arizona Daily... Read More

Grand Jury Will Probe Helicopter Shooting of Immigrants in Texas
Posted on 1 Nov 2012 by Daniel M. Kowalski

"The investigation into the shooting of two immigrants in Texas killed by a police helicopter intensified Wednesday after a South Texas prosecutor said would impanel a grand jury to probe the matter. Hidalgo County District Attorney Rene Guerra said... Read More

Details Emerge, Questions Remain in Texas 'Rain of Death' Investigation
Posted on 31 Oct 2012 by Daniel M. Kowalski

"Texas law enforcement agents were close enough to a pickup truck to see it was carrying people, not drugs, before one opened fire, killing two Guatemalan immigrants hiding under a cover in the vehicle's bed, a diplomat said Tuesday. Texas Department... Read More

Mother of Slain Mexican Teen Sues Border Patrol, Seeks Trial in Shooting Death of Her Son
Posted on 29 Jul 2014 by Daniel M. Kowalski

"Araceli Rodriguez, the mother of slain Mexican teen Jose Antonio Elena Rodriguez, filed a federal lawsuit today in Arizona to pursue justice for her son, who was killed nearly two years ago by U.S. Border Patrol agents, identified only as John Does... Read More

FBI: Friendly Fire Likely in Border Shootings
Posted on 6 Oct 2012 by Daniel M. Kowalski

"A preliminary investigation has found friendly fire likely was to blame in a shooting that killed one federal agent and wounded another along the Arizona-Mexico border, the FBI said Friday, shaking up the probe into an incident that reignited the... Read More

At the Texas Border, Death Rained from the Sky
Posted on 29 Oct 2012 by Daniel M. Kowalski

The Guatemalan migrants who tried to make it to America last week no doubt expected trouble along the way, but I'm guessing they could not, in their wildest nightmares, have imagined being gunned down from the skies by a Texas Department of Public... Read More

Border D.A. Asks for Halt to 'Rain of Death'
Posted on 31 Oct 2012 by Daniel M. Kowalski

"The Hidalgo County district attorney has asked the Texas Department of Public safety to temporarily suspend its practice of using airborne sharpshooters to disable vehicles suspected of criminal activity. Last week, two immigrants suspected of being... Read More