Immigration Law

Recent Posts

CA9 on Service, Suppression, CAT: B.R. v. Garland
Posted on 13 Jul 2021 by Daniel M. Kowalski

B.R. v. Garland "All substantive hearings, pleadings, and orders occurred after service on B.R. was perfected. B.R. has not shown he was prejudiced by the delay in service in obtaining relief from removal. B.R. is not entitled to termination based... Read More

Tags: cat , nta , suppression

CA2 on Egregious 4th Am. Violation: Zuniga-Perez v. Sessions
Posted on 25 Jul 2018 by Daniel M. Kowalski

Zuniga-Perez v. Sessions - "Petitioners Juan Martin Zuniga‐Perez and Elder Hernandez‐Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the ʺBIAʺ) affirming a February 24, 2016, decision of an immigration judge... Read More

Unpub. BIA Suppression Victory (Remand) in Baltimore
Posted on 23 Jul 2014 by Daniel M. Kowalski

Prof. Maureen A. Sweeney writes: "I thought your readers would be interested in our recent unpublished BIA suppression victory , which rejected an IJ's reasoning that DHS was absolved from any legal repercussions of an allegedly illegal arrest... Read More

Miami Law Clinic Students Win Landmark Immigration Case
Posted on 26 Sep 2013 by Daniel M. Kowalski

"Students in Miami Law's Immigration Clinic obtained a landmark decision terminating immigration court proceedings against their client because of illegal conduct by Hollywood police. The decision may be the first to recognize that Constitutional... Read More

Practice Advisory: Oliva-Ramos v. Attorney General (Third Circuit suppression case)
Posted on 1 Dec 2012 by Daniel M. Kowalski

"Please find attached a practice advisory on the Third Circuit’s groundbreaking decision in Oliva-Ramos v. Attorney General. The mandate in the case just issued this week. In Oliva-Ramos, the Third Circuit held that evidence obtained through... Read More

Roving Stop Suppression Victory in Texas: USA v. Canales-Rosales
Posted on 18 Nov 2014 by Daniel M. Kowalski

"A traffic stop that snared a human smuggler was illegal because it was more than 50 miles from the U.S.-Mexico border, a federal judge ruled ." - CNS, Nov. 17, 2014 . Read More

CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]
Posted on 9 Jan 2013 by Daniel M. Kowalski

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it... Read More

Unpub. BIA Suppression Victory: Matter of Lara-Torres (Egregious Conduct by NSA)
Posted on 8 Feb 2014 by Daniel M. Kowalski

"[T]he Immigration Judge correctly concluded that the evidence obtained by officers of the National Security Agency (NSA) on March 31, 2010, with regard to the respondent's immigration status, which prompted officers of the United States Immigration... Read More

CA2 Suppression Victory, Remand: Guillen-Jimenez v. Holder (Unpub.)
Posted on 27 May 2014 by Daniel M. Kowalski

James A. Welcome writes: "I am pleased to attach a Summary Order issued today on a Petition for Review. The PFR was granted and remanded to the BIA. The matter involved a motion to suppress and the IJ's refusal to grant a hearing on the motion... Read More