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Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
CA11 on Divisibility, AggFel - Cintron v. U.S. Atty. Gen.
Cintron v. U.S. Atty. Gen. - "Natalia Cintron petitions for review of a Board of Immigration Appeals (“BIA”) decision denying her application for cancellation of removal from the United States and ordering that removal. The BIA concluded...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA11 on Waiver Authority: Meridor v. U.S. Attorney General
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...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
CA11 on Divisibility, AggFel - Ulloa Francisco v. U.S. Atty. Gen.
Ulloa Francisco v. U.S. Atty. Gen. - "In the case before us, the AG proved that the alien, a lawful permanent resident, was removable for having been convicted of a felony related to drug trafficking. INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227...
Daniel M. Kowalski
over 7 years ago
Immigration Law
News Headlines
Will H-2B Circuit Split End Up at Supreme Court?
The U.S. Courts of Appeal for the Tenth and Eleventh Circuits see the H-2B program very differently. Compare G.H. Daniels v. Perez (CA10) with Bayou Lawn v. DOL (CA11).
Daniel M. Kowalski
over 7 years ago
Immigration Law
News Headlines
CA11 on Prolonged ICE Detention, Bivens, Jurisdiction: Alvarez v. ICE
Alvarez v. ICE, Mar. 24, 2016 - "Although we hold that § 1252(g) does not bar us from considering the merits of Alvarez’s claim, we also find that no Bivens remedy is available to him, both because the Immigration and Nationality Act sets...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Outside News
Federal Court Blocks Most of GA, AL Anti-Immigrant Laws
"A federal appeals court today blocked key provisions of Alabama and Georgia’s anti-immigrant laws. Significantly, the U.S. Court of Appeals for the 11th Circuit found that section 28 of Alabama’s law which requires the immigration verification...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Outside News
Tangled H-2B Web - Update
Angelo A. Paparelli writes : "This post -- originally published on March 31, 2013 -- is a guest column ( updated on April 3, 2013 ) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services. The original...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
CA11 on 212(h): Lawal v. U.S. Attorney General
"It is thus unclear whether the BIA’s current interpretation of § 212(h)—that an alien seeking § 212(h) relief who has not filed an adjustment of status application must remain “outside our borders while applying for relief”—overrules...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA11 on Equitable Tolling: Ruiz-Turcios II
"In light of this Court’s en banc decision in Avila-Santoyo v. U.S. Att’y Gen., —F.3d. —, No. 11-14941, 2013 WL 1499419 (11th Cir. Apr. 12, 2013), and upon panel rehearing, we previously vacated our original panel opinion...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS
"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
CA11 on 212(h): Rivas v. U.S. Attorney General
"This petition for review requires us to decide whether a deportable alien who has left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility. See Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA11 (En Banc) on Equitable Tolling: Avila-Santoyo v. U.S. Atty. Gen. (Abdi Overruled)
"[W]e overrule our circuit precedent in Abdi, and now hold that the 90-day time limit to file a motion to reopen under 8 U.S.C. § 1229a(c)(7)(C)(i) is not jurisdictional. ... [W]e agree with every other circuit to have addressed this issue and...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
CA11 on Theft, Fraud, Consent...and Inconsistent BIA Rulings: Vassell v. U.S. Atty. Gen.
Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
CA11 on Mandatory Detention, Bond, Habeas: Sopo v. U.S. Atty. Gen.
Sopo v. U.S. Attorney General, June 15, 2016 - "We recount Sopo’s: (1) personal background; (2) protracted removal proceedings; and (3) federal habeas case. We then discuss (4) the federal statutory framework governing the civil detention of...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules
" Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural...
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