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Daniel M. Kowalski
11 days ago
Immigration Law
Inside News
CA9 on ICE, Bond, Habeas: Bello-Reyes v. Gaynor
Bello-Reyes v. Gaynor "This case requires us to consider whether the Supreme Court’s recent decision in Nieves v. Bartlett, 139 S. Ct. 1715 (2019), applies to a noncitizen’s claim that Immigration and Customs Enforcement (“ICE”...
Daniel M. Kowalski
17 days ago
Immigration Law
Inside News
CA1 on Habeas, CAT, Extradition: Aguasvivas v. Pompeo
Aguasvivas v. Pompeo "The Dominican Republic requests Cristian Starling Aguasvivas for extradition. After a federal magistrate judge certified Aguasvivas as eligible for extradition, Aguasvivas filed a habeas corpus petition in the District of...
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Habeas Victory at CA2: Velasco Lopez v. Decker
Velasco Lopez v. Decker "The Government appeals from a judgment of the United States District Court for the Southern District of New York (Carter, J.), granting Carlos Alejandro Velasco Lopez’s petition for a writ of habeas corpus. Velasco...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
Habeas Victory in Maryland: Siahaan v. Madrigal
Siahaan v. Madrigal "Siahaan did not commit a crime, nor did he cross the border illegally. He has lived here peacefully and productively for thirty years and is neither a flight risk nor a danger to the community. But ICE still wants to deport...
Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
Partial Bond Habeas Victory: Onosamba-Ohindo v. Barr
Onosamba-Ohindo v. Barr "Petitioners/plaintiffs Junior Onosamba-Ohindo (“Class Petitioner”) and Antonio Lopez Agustin (“Subclass Petitioner”) (collectively “Petitioners”) have filed a petition for a writ of habeas...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
Analysis: DHS v. Thuraissigiam
Aditi Shah, Lawfare, July 2, 2020 "On June 25, the Supreme Court ruled 7-2 that Vijayakumar Thuraissigiam, an asylum-seeker, does not have a constitutional right to habeas corpus review in federal court of his claims that the government violated...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
Habeas Victory in NY? - Hassoun v. Searls (Release Stayed)
Hassoun v. Searls "Petitioner Adham Amin Hassoun (“Petitioner”) is a civil immigration detainee currently housed at the Buffalo Federal Detention Facility (the “BFDF”) in Batavia, New York, who seeks a writ of habeas corpus...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Supreme Court on Habeas, Due Process: DHS v. Thuraissigiam
DHS v. Thuraissigiam "[U]nder our precedents, neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of respondent’s claims, and IIRIRA’s limitations on habeas review are constitutional...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
COVID-19 Habeas Victory: Galan-Reyes v. Acoff
Galan-Reyes v. Acoff "Under the circumstances, Galan-Reyes’ detention at Pulaski – where he shares dormitory-style living quarters with up to 50 other detainees – which obviously places him at risk for contracting this serious...
Daniel M. Kowalski
8 months ago
Immigration Law
Inside News
Ongoing Litigation Over Migrants' Release Amid COVID-19
Kim Langona, Apr. 27, 2020 - A detailed description of federal court litigation in all states and DC, updated as of 4-27-20.
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
Habeas Petition Filed in Colorado: Codner v. Choate
RMIAN, Arnold & Porter, NIPNLG, Apr. 14, 2020 " Medically-Vulnerable Immigrants Detained by ICE in Aurora, Colorado Seek Immediate Release Amidst Coronavirus Pandemic Detained Individuals File Urgent Petition for Release from Detention Center...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
COVID-19 Habeas Victory in NY/NJ: Basank v. Decker
Josh Gerstein, Politico, Mar. 26, 2020 "A federal judge in New York City has ordered the immediate release from detention of 10 immigrants whose attorneys said they were at increased risk of illness from coronavirus due to underlying health conditions...
Daniel M. Kowalski
11 months ago
Immigration Law
Inside News
Court Finds Habeas Jurisdiction for Detained SIJ: Joshua M. v. Barr
Joshua M. v. Barr "Petitioner Joshua M., a native of Honduras to whom the United States has granted Special Immigrant Juvenile status, has filed a 28 U.S.C. § 2241 habeas petition challenging his removal order and pending deportation. His...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
"ICE...Must Obey The Law"
Steph Solis, MassLive, Dec. 25, 2019 - In Boston immigration lawsuit, Cambodian father of 5 reunites with family for Christmas and judge issues stern reminder to ICE "A federal judge has not officially ruled on alleged human rights violations against...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Due Process Victory: Hassoun v. Searls
Hassoun v. Searls "[T]he Court finds that 8 C.F.R. § 241.14(d) is not a permissible reading of § 1231(a)(6), and that it is accordingly a legal nullity that cannot authorize the ongoing, potentially indefinite detention of Petitioner...
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