Immigration Law

Recent Posts

Travel Ban (EO-3) Update: Peter S. Margulies
Posted on 5 Dec 2017 by Daniel M. Kowalski

Dec. 5, 2017 - It's important to understand what yesterday's Supreme Court orders meant. Prof. Peter S. Margulies has these valuable insights: "On Monday, the Supreme Court issued a stay of the Maryland federal district court’s injunction... Read More

USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended
Posted on 18 Mar 2015 by Daniel M. Kowalski

"Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice. Monday, March 16, 2015 the Department of Labor (DOL) filed an... Read More

Tags: stay , motion , Perez , USCIS , H-2B

Advocates Move To Prevent Release Of Immigrants' Info - Law360
Posted on 6 Jun 2016 by Daniel M. Kowalski

Allissa Wickham, Law360, June 4, 2016 - "A group of immigrants and advocacy groups on Friday asked the Fifth Circuit to cancel a lower court’s request for information regarding certain immigrants with deferred action, adding a new development... Read More

White House Won't Take CA5 Immigration Case to Supreme Court...Yet
Posted on 28 May 2015 by Daniel M. Kowalski

"The Obama administration said Wednesday that it won’t ask the U.S. Supreme Court to stay an injunction on two core deferred deportation policies created by the president’s executive actions, just one day after the Fifth Circuit refused... Read More

Fifth Circuit, 2-1, Nixes Stay of DAPA Injunction
Posted on 26 May 2015 by Daniel M. Kowalski

"Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”... Read More

CA9 Stays En Banc Review of Wa. & Minn. v. Trump (Feb. 16, 2017)
Posted on 17 Feb 2017 by Daniel M. Kowalski

"The United States has represented to the Court that the President intends to issue a new Executive Order and has urged the Court to “hold its consideration of the case until the President issues the new Order.” The United States has... Read More

Federal Court Stays Trump Muslim Ban
Posted on 29 Jan 2017 by Daniel M. Kowalski

Washington Post, Jan. 28, 2017 - "Judge Ann Donnelly of the US District Court in Brooklyn granted a request from the ACLU to stay deportations of those detained on entry to the United States following President Trump's executive order. After... Read More

Tags: Muslim , ban , stay , darweesh , Trump , habeas

CA9 Denies Stay; TRO Blocking Trump Refugee/Travel Ban Still in Effect
Posted on 5 Feb 2017 by Daniel M. Kowalski

State of Washington & State of Minnesota v. Trump Ninth Circuit Case No: 17-35105 02/03/2017 Order Temporary Restraining Order 02/04/2017 Video Video recording of hearing in the U.S. District Court for the Western District of Washington 02/04... Read More

CA9 Keeps Travel Ban TRO In Place; Trump Stay Request Denied (Feb. 9, 2017)
Posted on 9 Feb 2017 by Daniel M. Kowalski

"At issue in this emergency proceeding is Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” which, among other changes to immigration policies and procedures, bans for 90 days the entry... Read More

BREAKING: Stay Granted in Perez v. Perez H-2B Litigation
Posted on 18 Mar 2015 by Daniel M. Kowalski

"Defendants’ Unopposed Motion for Limited Relief from the Vacatur Order and Judgment (Doc. 16) is GRANTED. It is further ordered that the Court’s Injunction Order dated March 4, 2015 (Doc. 14) is STAYED or otherwise held in abeyance until... Read More

Tags: stay , Perez , H-2B

Preliminary Analysis of CA5 Oral Argument in TX v. USA (Application for Stay of Hanen Injunction)
Posted on 21 Apr 2015 by Daniel M. Kowalski

Did you listen to all two hours and twenty minutes of the oral argument? I thought not. David A. Isaacson did, and here is his analysis . Thank you, David! Read More

DOJ Might Not Seek Stay of DAPA Injunction
Posted on 18 Feb 2015 by Daniel M. Kowalski

"While President Obama has made it clear his administration will appeal District Court Judge Andrew Hanen’s ruling blocking his executive action on immigration, the president’s immigration plan will likely be on hold for months or longer... Read More

Tags: injunction , hanen , stay

OIL Files Bogus Stay Request in Flores
Posted on 21 Feb 2017 by Daniel M. Kowalski

Dean Kevin R. Johnson, Feb. 21, 2017 - "For some immigration attorneys, it was an extremely busy Presidents Day weekend. Josh Gerstein of Politico reports that the Trump administration is taking another immigration fight to the U.S. Court of Appeals... Read More

Habeas, Stay, Expedited Removal Victory: Kabenga v. Holder
Posted on 26 Jan 2015 by Daniel M. Kowalski

"At this juncture, the question before this Court is whether Kabenga's expedited removal should be stayed pending the resolution of his petition for a Writ of Habeas Corpus. That question turns primarily on a threshold jurisdictional issue: may... Read More

OCAHO on Stay Authority - Frimmel V (12 OCAHO no. 1271d, Jan. 25, 2017)
Posted on 27 Jan 2017 by Daniel M. Kowalski

USA v. Frimmel Mgmt. LLC, Jan. 25, 2017 - "[S]everal considerations point toward the conclusion that OCAHO does possess authority to administratively stay enforcement of a final order it issued pending judicial review." Read More

Tags: ocaho , stay , frimmel