Immigration Law

Recent Posts

AILA Files CA9 Amicus Brief in Consular Non-Reviewability Case
Posted on 15 May 2014 by Daniel M. Kowalski

"This brief presents a collection of case examples that AILA has compiled from attorneys whose clients have been denied visas based on decisions untethered to facially legitimate or bona fide reasons. Through these stories, AILA seeks to illustrate... Read More

Ninth Circuit Finds Limited Review for Expedited Removal Orders: Robert Pauw
Posted on 21 Jan 2014 by Daniel M. Kowalski

"In a recent decision, the Ninth Circuit concluded that there is jurisdiction to review the merits of a challenge to an “expedited removal order”. Smith v. CBP , ___ F.3d ____, 2014 U.S. App. LEXIS 438 (Jan, 9, 2014). Although the court... Read More

Awaiting a Decision in Smith v. CBP, CA9
Posted on 10 Dec 2013 by Daniel M. Kowalski

"A curious case is currently under review in the U.S. Court of Appeals for the Ninth Circuit. John Smith, a Canadian vacationer, attempted to enter the United States to visit Arizona where he had been photographing skydiving and motorcycle events... Read More

The BIA's Adam Walsh Act Trilogy: Because We Can
Posted on 29 May 2014 by Daniel M. Kowalski

"In a deportation nation , there are never enough people to deport. Four million people deported since the Department of Homeland Security (DHS) was organized, yet the DHS still craves even more human beings to feed the machine. Not content with... Read More

CA9 Amicus Brief on Expedited Removal for Canadians
Posted on 17 Aug 2013 by Daniel M. Kowalski

Greg Boos writes: "As per the attached my Amicus Brief has been accepted in the expedited removal case before the 9th Circuit. A copy of the brief is attached. Please feel free to publish or distribute via e-media. Oral argument is set for August... Read More

Congress should get serious about immigration detention facilities
Posted on 28 Mar 2012 by Daniel M. Kowalski

"During the last decade, I’ve crisscrossed America visiting remote immigration detention centers in more than half a dozen states. From New Jersey to California, there are over 250 such facilities that house almost 400,000 immigrants... Read More

Mocking Humane Immigration Detention Standards
Posted on 28 Mar 2012 by Daniel M. Kowalski

AIC, Mar. 28, 2012 : House Hearing Makes Light of Necessary Detention Reform Released on Wed, Mar 28, 2012 Washington D.C. - Today, the House Judiciary Committee will hold a hearing on new immigration detention standards recently issued by Immigration... Read More

Friday's Wall of Shame Poster Child: Lamar Smith
Posted on 6 Apr 2012 by Daniel M. Kowalski

Smith : "This hearing is entitled “ Holiday on ICE ” because ICE has decided to upgrade accommodations for detained illegal and criminal immigrants. While we would all like to be upgraded, we don’t have the luxury of billing... Read More

The Congressman Doth Protest Too Much, Methinks: Michael A. Olivas
Posted on 29 Nov 2014 by Daniel M. Kowalski

"Representative Lamar Smith (R-TX) has written a letter to the Houston Chronicle indicating that I have misunderstood his views on the efficacy and legitimacy of Deferred Action and other forms of prosecutorial discretion, in my November 22, 2014... Read More

Special Visa Saves Afghan Translator
Posted on 25 May 2014 by Daniel M. Kowalski

"Noori fled to the United States. Had he not, he would suffer the same fate as his father, or worse. The Taliban threatened Noori’s life daily because of his service to the Afghan National Army and his later role as an interpreter for the United... Read More

Lamar Smith Can't Support VAWA Fraud Claim
Posted on 4 Jun 2012 by Daniel M. Kowalski

"Lamar Smith—who seems to be the House of Representatives’ self-appointed immigration fraud watchdog—claims that “there are no safeguards in place to prevent fraud or to prevent an immigrant from fabricating tales,”... Read More

Tags: vawa , Fraud , soerens , smith

Immigration Jail Is No Holiday
Posted on 28 Mar 2012 by Daniel M. Kowalski

"The flippant title of the hearing ["Holiday on ICE"] shows a blatant disregard for the more than 110 people who have died in immigration custody since 2003. One of them was my uncle Joseph, an 81-year-old throat cancer survivor who... Read More

Asylum Politics: How ICE Violates Rights in El Paso
Posted on 12 Aug 2014 by Daniel M. Kowalski

"Singh has experienced something very different from the American dream he had hoped for. He has spent every day since his arrival—more than a year—inside a dorm room in the U.S. Immigration and Customs Enforcement’s El Paso Processing... Read More

Tags: Sikhs , El Paso , smith , lawit , asylum