Immigration Law

Recent Posts

Another Border Law Waiver (Advance Copy)
Posted on 14 May 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 05/15/2020 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in... Read More

Tags: waiver , border , Texas

Another Border Wall Law Waiver: Starr County, Texas
Posted on 14 Apr 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 04/15/2020 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in... Read More

Tags: waiver , DHS , border , Texas

Advance Notice: Six More DHS Border Waivers
Posted on 13 Mar 2020 by Daniel M. Kowalski

On Monday, Mar. 16, 2020 DHS will publish six border law waiver determinations in the Federal Register "in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in..." Val Verde... Read More

Tags: waiver , DHS , border

DHS Waives Contract Laws in Border Wall Push
Posted on 20 Feb 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure... Read More

FR Notice: More Waivers for Border Wall Construction
Posted on 18 Feb 2020 by Daniel M. Kowalski

Elliot Spagat, Associated Press, Feb. 18, 2020 "The Trump administration said Tuesday that it will waive federal contracting laws to speed construction of a wall at the U.S.-Mexico border. The Department of Homeland Security said waiving procurement... Read More

Tags: wall , waiver , wolf , DHS , border

CA9 on 'Otherwise Admissible' - Fares v. Barr
Posted on 26 Nov 2019 by Daniel M. Kowalski

Fares v. Barr "Is a noncitizen who seeks a waiver of removability under 8 U.S.C. § 1227(a)(1)(H) “otherwise admissible,” even though he failed to return to his country of origin for at least two years, as required by 8 U.S.C. §... Read More

Another DHS Waiver of Laws to Build More Border Barriers in Texas
Posted on 31 Oct 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure... Read More

Tags: waiver , DHS , border , Texas

Another DHS Waiver of Environmental Laws to Build More Border Barriers
Posted on 1 Oct 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure... Read More

Tags: waiver , DHS , border

More Environmental Laws Waived for Border Barriers in Texas
Posted on 3 Sep 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the... Read More

Tags: waiver , DHS , border , Texas

DHS Waives Environmental Laws to Build Border Barriers Near San Diego
Posted on 8 Feb 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 27 / Friday, February 8, 2019 "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious... Read More

CA6 on Asylum, Waiver, Jurisdiction: Hussam F. v. Sessions
Posted on 27 Jul 2018 by Daniel M. Kowalski

Hussam F. v. Sessions - "Four years ago, Petitioner came to the United States on a K-1 fiancé visa, using a Syrian passport. Although he was a Syrian citizen, his family had fled Syria decades ago to escape persecution. Petitioner therefore... Read More

DHS Waives Laws to Build Roads, Barriers on Border Near El Paso
Posted on 22 Jan 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious... Read More

BIA on 212(h) - Matter of Vella, 27 I&N Dec. 138 (BIA 2017)
Posted on 13 Oct 2017 by Daniel M. Kowalski

Matter of Vella, 27 I&N Dec. 138 (BIA 2017) - An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act... Read More

Tags: waiver , bia , 212(h)

CA7 on IJ Waiver Authority: Baez-Sanchez v. Sessions
Posted on 6 Oct 2017 by Daniel M. Kowalski

Baez-Sanchez v. Sessions, Oct. 6, 2017 - "This proceeding begins where L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014), ends. ... The BIA in Khan did not identify any provision that subtracts from the delegation in §1003.10(a). Nor did the Third... Read More

CA11 on Waiver Authority: Meridor v. U.S. Attorney General
Posted on 8 Jun 2018 by Daniel M. Kowalski

Meridor v. U.S. Attorney General - "Finest Meridor, a native and citizen of Haiti, seeks review of the Board of Immigration Appeals’ (BIA) final order of removal. That order vacated the order of an immigration judge (IJ), which had granted... Read More