Immigration Law

Recent Posts

Colorado Supreme Court on Preemption, Smuggling: Fuentes-Espinoza v. People
Posted on 12 Oct 2017 by Daniel M. Kowalski

Fuentes-Espinoza v. People, Oct. 10, 2017 - "This case requires the supreme court to determine whether Colorado’s human smuggling statute, section 18-13-128, C.R.S. (2017), is preempted by the federal Immigration and Nationality Act, 8 U.S... Read More

Arizona Smuggling Statute Preempted By Federal Law
Posted on 9 Nov 2014 by Daniel M. Kowalski

"A federal judge has voided one of the last remaining sections of the controversial package of anti-immigration laws approved by Arizona lawmakers in 2010. The provision struck down Friday by U.S. District Court Judge Susan Bolton made it a state... Read More

Slammer Time For Utah Immigration Attorney For Alien Smuggling, H-2B Visa Fraud
Posted on 20 Oct 2014 by Daniel M. Kowalski

"James Hector Alcala, age 46, a Salt Lake City attorney, will serve 56 months in federal prison after pleading guilty to one count of conspiracy to commit visa fraud and alien smuggling and one count of visa fraud. ... Alcala was indicted in July... Read More

AAO 212(i) Hardship Victory; Mexico, Alien Smuggling, False Claim
Posted on 30 May 2014 by Daniel M. Kowalski

Tarik H. Sultan writes: "Applicant, married to U.S. citizen husband with U.S. citizen children, filed adjustment with INA § 212(i) waiver to address pre-1996 false claim to citizenship. USCIS denied adjustment, finding her inadmissible for alien... Read More

Practice Advisory: Working with Child Clients and Their Family Members in Light of the Trump Administration’s Focus on “Smugglers”
Posted on 9 Jul 2017 by Daniel M. Kowalski

Public Counsel and Catholic Legal Immigration Network, Inc., July 2017 - "Both the Department of Homeland Security and the Department of Justice recently issued memoranda prioritizing the targeting of parents and family members who helped facilitate... Read More

CA3 on the Smuggling Bar: Parra-Rojas v. Attorney General
Posted on 26 Mar 2014 by Daniel M. Kowalski

"Petitioner Carlos Parra-Rojas was convicted of Bringing In or Harboring Aliens for Financial Gain, in violation of section 274(a)(2)(B)(ii) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324(a)(2)(B)(ii) and 18 U.S.C. § 2. Petitioner... Read More

Unpub. BIA on Fleuti, Entry, Smuggling, Sec. 237(a)(1)(E)(i)
Posted on 9 Jul 2013 by Daniel M. Kowalski

"[W]e hold that for a lawful permanent resident to be deportable under section 237(a)(l)(E)(i) of the Act, the smuggling offense must have occurred prior to, at the time of, or within 5 years of an "entry" as that term is interpreted in... Read More

Ex-Border Patrol Agents Sentenced to 30 Years for Smuggling
Posted on 22 Jun 2013 by Daniel M. Kowalski

"Two brothers who worked as Border Patrol agents were sentenced to at least 30 years in prison each for smuggling hundreds of immigrants into the United States, crimes that the judge termed a threat to national security. U.S. District Court Judge... Read More

Maricopa County Ends 'Self-Smuggling' Prosecutions, Settles Lawsuit
Posted on 7 Aug 2014 by Daniel M. Kowalski

"Maricopa County will pay $675,000 to settle a lawsuit over a controversial policy of prosecuting [unauthorized] immigrants for conspiracy to smuggle themselves into the country. The practice was instituted by Andrew Thomas when he was county attorney... Read More

The New Border: Illegal Immigration's Shifting Frontier
Posted on 7 Dec 2012 by Daniel M. Kowalski

"Profound shifts in economics, demographics and crime are transforming immigration patterns and causing upheaval in Central and North America. After decades in which Mexicans dominated illegal immigration to the United States, the overall number... Read More

Human Smugglers Sentenced to Prison, $1.1M Judgment
Posted on 3 Oct 2016 by Daniel M. Kowalski

DOJ, Sept. 29, 2016 - "54-year-old San Juana Valdez Menchaca and her husband, 57-year-old Julian Perez Perez, were sentenced to 70 months and 33 months in federal prison, respectively, for conspiring to smuggle more than 500 undocumented aliens into... Read More

Coast Guard Fatality Highlights Desperation of Panga Smugglers
Posted on 7 Dec 2012 by Daniel M. Kowalski

"The death of a Coast Guard crewman after suspected smugglers rammed a U.S. craft shows the rising popularity of sea routes for marijuana and [unauthorized] immigrants." - L.A. Times, Dec. 3, 2012 . Read More

California Couple Sentenced for Smuggling, Harboring Aliens; 'Slave Labor'
Posted on 14 Feb 2012 by Daniel M. Kowalski

"The Filipino workers arrived at LAX believing they had found good jobs caring for elderly patients in picturesque Paso Robles, Calif. But inside the converted ranch-style homes where they cared for aged residents, the immigrants worked 24-hour... Read More