Immigration Law

Recent Posts

Anil Kalhan Dissects Judge Hanen's Order
Posted on 4 Jun 2015 by Daniel M. Kowalski

If you want to understand Judge Hanen's 123-page train wreck of a decision, this article by Prof. Anil Kalhan is an excellent starting point. Read More

Deferred Action, Supervised Enforcement Discretion, and the Litigation Over Administrative Action on Immigration: Anil Kalhan
Posted on 19 Apr 2015 by Daniel M. Kowalski

"In this Article, I analyze the decision enjoining the Obama administration’s November 2014 immigration actions by U.S. District Judge Andrew Hanen, which highlights an erosion of the conventional lines between litigation, adjudication, and... Read More

Audio of Oral Argument in Texas v. USA, CA5, July 10, 2015
Posted on 13 Jul 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, July 10, 2015 - " Attorneys for the U.S. Department of Justice and 26 states squared off Friday at the Fifth Circuit over whether a block on President Barack Obama's executive actions on immigration should be reversed... Read More

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

Audio of Oral Argument in DAPA Moms' Intervention Bid in CA5
Posted on 13 Jul 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, July 10, 2015 - "A Fifth Circuit panel seemed open Friday to a bid by three immigrant mothers to intervene in the high-profile suit over the president’s executive actions, in an oral argument session that highlighted... Read More

Recap of TX v. USA CA5 Oral Argument
Posted on 19 Apr 2015 by Daniel M. Kowalski

"This morning, the line to get into the Fifth Circuit Court of Appeals hearing on motion for a stay pending appeal of the preliminary injunction of the DAPA and expanded DACA initiatives began hours before the courthouse doors opened. And in the... Read More

Stand by for Recordings of TX v. USA Oral Argument Later Today, Apr. 17, 2015
Posted on 17 Apr 2015 by Daniel M. Kowalski

"On Friday, April 17, 2015, the court will hear oral argument in this case [CA5 No. 15-40238] in the West Courtroom, Room 265, of the John Minor Wisdom United States Court of Appeals Building, 600 Camp Street, New Orleans, LA. The argument will begin... Read More

Texas v. USA News: Recent Filings (Sept. 4, 2015)
Posted on 8 Sep 2015 by Daniel M. Kowalski

"Plaintiffs respectfully request that the Court require Defendants to implement remedial action as to all three-year grants of deferred action and employment authorization issued prior to the Court’s February 16 injunction." - Doc. 304... Read More

Texas Court Blocks Licensing of Family Detention Camps as 'Childcare' Facilities
Posted on 3 Dec 2016 by Daniel M. Kowalski

Grassroots Leadership, Dec. 3, 2016 - "In a major victory for detained asylum seeking mothers and their children, an Austin judge Friday issued a final judgment effectively preventing the Texas Department of Family and Protective Services (DFPS)... Read More

Supreme Court Fast-tracks DAPA Appeal: Texas v. USA
Posted on 2 Dec 2015 by Daniel M. Kowalski

Bloomberg, Dec. 1, 2015 - "Supreme Court rejects Texas bid for delay in filing deadline; Texas sought 30-day filing extension, received eight days. The U.S. Supreme Court rejected Texas’s request for a 30-day extension to file its opening brief... Read More

Information for Fifth Cir. Oral Argument, Apr. 17th, Texas v. USA
Posted on 8 Apr 2015 by Daniel M. Kowalski

"The Clerk’s Office, as directed by the court, provides the following information regarding oral argument in State of Texas, et al v. USA, et al (No. 15-40238). On Friday, April 17, 2015, the court will hear oral argument in this case in... Read More

Unpacking the Fifth Circuit's Nov. 9, 2015 Decision in Texas v. USA
Posted on 12 Nov 2015 by Daniel M. Kowalski

To fully understand the Fifth Circuit's Nov. 9, 2015 decision in Texas v. USA, one simply must read these two pieces: Judicial Energy and the Supreme Court , by Linda Greenhouse ; and On-Line Symposium on Texas v. United States , by Stephen... Read More

Webcast with the Experts: United States v. Texas
Posted on 20 Apr 2016 by Daniel M. Kowalski

AILA, Apr. 19, 2016 - "Watch AILA's Director of Advocacy Greg Chen, American Immigration Council's Legal Director Melissa Crow, and UCLA School of Law Professor Hiroshi Motomura as they recap and offer expert analysis of Monday's U.S... Read More

Fifth Circuit Panel, 2-1, Upholds DAPA Injunction: Texas v. USA
Posted on 10 Nov 2015 by Daniel M. Kowalski

Panel decision, Nov. 9, 2015 Majority (Smith, Elrod) - "Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing; they have established a substantial likelihood of... Read More