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Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
Travel Ban Waiver Lawsuit Victory: Emami v. Mayorkas
Emami v. Mayorkas "Drawing all inferences and viewing all evidence in the light most favorable to the government, the Court finds that plaintiffs have met their burden of showing that there is no genuine dispute as to any material fact, and that...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Got Plasma? (CADC on B-1, APA, Zone of Interests)
CSL Plasma v. CBP "In June 2021, U.S. Customs and Border Protection (“CBP”) announced that aliens seeking to sell blood plasma could no longer enter the United States using “B‑1” business visitor visas. Before this policy...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Immigration Lawsuits and the APA: The Basics of a District Court Action
NILA, AIC PRACTICE ADVISORY, September 22, 2021 "The Administrative Procedure Act (APA) is a federal statute that regulates federal agency action in a number of ways. Relevant here, the judicial review provisions of the APA, 5 U.S.C. § 701...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CADC on Expatriation, APA: Farrell v. Blinken
Farrell v. Blinken "While United States citizenship is one of the most sought after in the world, American citizens sometimes choose to relinquish this privilege and place their allegiance elsewhere. Congress has specified the actions that will...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Massive APA Victory at CA11 for Ira Kurzban!
Canal A Media v. USCIS "Plaintiffs Canal A Media Holding, LLC (“Canal A Media”) and Erick Archila appeal the District Court’s dismissal of their amended complaint for lack of subject-matter jurisdiction. They seek to challenge...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Supreme Court: DACA Termination Violated APA!
DHS v. Regents "CHIEF JUSTICE ROBERTS delivered the opinion of the Court, except as to Part IV. In the summer of 2012, the Department of Homeland Security (DHS) announced an immigration program known as Deferred Action for Childhood Arrivals, or...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA9 on APA, U Visas: Perez Perez v. Wolf
Perez Perez v. Wolf "Pedro Tomas Perez Perez brought suit in the district court under the Administrative Procedure Act (“APA”), challenging the denial of his U visa petition by the United States Citizenship and Immigration Service ...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Can the APA's Arbitrary and Capricious Test Save DACA? - Cyrus Mehta
Cyrus Mehta, June 29, 2019 "The Supreme Court announced on June 28, 2019 that it would consider the legality of President Trump’s ending of the Deferred Action for Childhood Arrivals Program. Although federal courts in New York , California...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Court Slaps USCIS in MAVNI Natz Lawsuit: Nio v. DHS
Nio v. DHS, May 22, 2019 "The question before the Court is whether the U.S. Department of Homeland Security (“DHS”) and its sub-agency U.S. Citizenship and Immigration Services (“USCIS”) acted lawfully when they instituted...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
Angelo A. Paparelli on Immigration Litigation: "Sue the Miscreants!"
Angelo A. Paparelli, Mar. 4, 2019 "Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
16 States Sue Trump Over Border Emergency
California Attorney General, Feb. 18, 2019 "California Governor Gavin Newsom and Attorney General Xavier Becerra, leading a 16-state coalition, today filed a lawsuit in the U.S. District Court for the Northern District of California challenging...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn
Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Outside News
Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)
Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Outside News
Did the Supreme Court Already Decide Texas v. USA?
Judge Hanen's Feb. 16th injunction turns on the Administrative Procedure Act (APA.) Yesterday's unanimous Supreme Court decision in Perez v. Mtg. Bankers Assoc . could help Judge Hanen and the 5th Circuit answer the question: Did the November...
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