Immigration Law

Recent Posts

SIJ Victory in Washington State: Moreno Galvez v. Cuccinelli
Posted on 6 Oct 2020 by Daniel M. Kowalski

Moreno Galvez v. Cuccinelli, Oct. 5, 2020 "[P]laintiffs’ motion for summary judgment and request for permanent injunctive relief (Dkt. #. 64) is GRANTED. Defendants’ cross-motion for summary judgment (Dkt. #66) is DENIED. The Court... Read More

Court Finds Habeas Jurisdiction for Detained SIJ: Joshua M. v. Barr
Posted on 20 Feb 2020 by Daniel M. Kowalski

Joshua M. v. Barr "Petitioner Joshua M., a native of Honduras to whom the United States has granted Special Immigrant Juvenile status, has filed a 28 U.S.C. § 2241 habeas petition challenging his removal order and pending deportation. His... Read More

CA4, En Banc, 9-6, on SIJ: Perez Perez v. Cuccinelli
Posted on 10 Feb 2020 by Daniel M. Kowalski

Perez Perez v. Cuccinelli, en banc, 9-6 "[W]e conclude that the Agency’s interpretation of the SIJ provision — that clause (i) requires a permanent custody order — is entitled to no deference, defies the plain statutory language... Read More

USCIS SIJ Policy Clarification Q&A (Dec. 10, 2019)
Posted on 3 Jan 2020 by Daniel M. Kowalski

Question & Answer Session Special Immigrant Juvenile (SIJ) Policy Clarifications Engagement Tuesday, Dec. 10, 2019 Read More

Notice of Final Class Action Settlement – J.L. v. Cuccinelli
Posted on 3 Jan 2020 by Daniel M. Kowalski

USCIS, Dec. 18, 2019 "This webpage is intended to notify you of the final class action settlement in J.L. v. Cuccinelli , 18-CV-4914 (N.D. Cal.). For more details, you may access the final settlement agreement (PDF, 2.03 MB) . Notice of Final... Read More

USCIS Special Immigrant Juvenile Classification Policy Alert
Posted on 20 Nov 2019 by Daniel M. Kowalski

USCIS, Nov. 19, 2019 "U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual regarding the Special Immigrant Juvenile (SIJ) classification." [Ed. Note: See especially the "Additional Considerations"... Read More

Comment Period Reopened for Proposed SIJ Rule
Posted on 16 Oct 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 "The Department of Homeland Security (DHS) announces the reopening of the public comment period for the proposed rule titled, Special Immigrant Juvenile Petitions, 76 FR 54978. DHS... Read More

USCIS Issues Three AAO Adopted Decisions on SIJ Classification
Posted on 15 Oct 2019 by Daniel M. Kowalski

USCIS, Oct. 15, 2019 "U.S. Citizenship and Immigration Services today clarified requirements regarding the Special Immigrant Juvenile (SIJ) classification. To ensure consistency surrounding this classification, USCIS is issuing three Administrative... Read More

Class Notice – R.F.M. v Nielsen
Posted on 17 Jun 2019 by Daniel M. Kowalski

Class Notice – R.F.M. v Nielsen, 118-CV-5068 (SDNY) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NOTICE TO THE CLASS IN R.F.M., et al., v. Nielsen, et al., 18-cv-5068 If you received a Special Findings Order from a New... Read More

CA9 on SIJ Relief: C.J.L.G. v. Barr (En Banc)
Posted on 3 May 2019 by Daniel M. Kowalski

C.J.L.G. v. Barr "A gang held 14-year-old C.J.L.G. (“CJ”) at gunpoint in his native Honduras and threatened to kill his family after he rejected recruitment attempts. CJ and his mother Maria then fled their homeland and sought asylum... Read More

Plaintiffs Laud Court Order That Will Prohibit DHS From Unlawfully Denying Migrant Youth Humanitarian Status
Posted on 11 Apr 2019 by Daniel M. Kowalski

The Legal Aid Society and Latham & Watkins LLP, Apr. 10, 2019 "The Legal Aid Society and Latham & Watkins LLP lauded a Federal Court order in R.F.M. et al. v. Nielsen, et al. , that will ensure that class members’ applications for... Read More

Jeffrey S. Chase on R.F.M. v. Nielsen
Posted on 19 Mar 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 19, 2019 "This past Friday, the Department of Homeland Security’s random policy change deeming youths between the ages of 18 and 20 years old ineligible for special immigration protection ran into a brick wall in the... Read More

SIJ Victory in California: Bianka M. v. Superior Court
Posted on 17 Aug 2018 by Daniel M. Kowalski

Bianka M. v. Superior Court - "We granted review to determine whether the superior court properly required the child’s nonresident, noncustodial parent to be joined as a party in her parentage action seeking special immigrant juvenile findings... Read More

California to Provide $3M in Legal Services for Unaccompanied Immigrant Children
Posted on 2 Oct 2014 by Daniel M. Kowalski

"A bill signed on Saturday by California Gov. Jerry Brown will provide $3 million to qualifying nonprofits to offer free legal assistance for child migrants . Nonprofit legal service providers handling the cases of recently-arrived child migrants... Read More

A judge said these kids get a green card. ICE says they get deported
Posted on 16 Aug 2017 by Daniel M. Kowalski

Bernice Yeung, July 6, 2017 - "For the first time, U.S. immigration officials are seeking to deport children who have received a special status for vulnerable migrants and are in the final stages of getting their green cards. State judges and... Read More