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Daniel M. Kowalski
over 2 years 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
over 3 years ago
Immigration Law
Inside News
SG Files Cert. Pet. in Thuraissigiam (Habeas; Suspension Clause; Expedited Removal)
Cert. Pet. here . CA9 decsion, 917 F.3d 1097, here .
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA2 on Habeas, Suspension Clause, Free Speech - Ragbir v. Homan
Ragbir v. Homan "Ravidath Ragbir, an alien subject to a final order of removal, together with several immigration‐policy advocacy organizations, appeals from an interlocutory order of the United States District Court for the Southern District of...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
CA9 on Habeas, Suspension Clause, Expedited Removal: Thuraissigiam v. DHS
Thuraissigiam v. DHS "[W]e hold that § 1252(e)(2) violates the Suspension Clause as applied to Thuraissigiam, although we do not profess to decide in this opinion what right or rights Thuraissigiam may vindicate via use of the writ. The district...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
Major Suspension Clause Victory at CA3: Osorio-Martinez v. Attorney General
Osorio-Martinez v. Attorney General - "Because we conclude that the INA strips the federal courts of jurisdiction to review Petitioners’ challenge to their expedited removal orders, we must confront a second question, this one of constitutional...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
Suspension Clause Habeas Victory in Detroit: Hamama v. Adducci
Hamama v. Adducci, July 11, 2017 - "This case pits the power of Congress to control the jurisdiction of the federal courts against the Constitution’s command that the writ of habeas corpus must be preserved. Both sides in this clash are right...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
CA10 on Jurisdiction, REAL ID, Habeas, Suspension Clause, Citizenship, Exhaustion: Gonzalez-Alarcon v. Macias
Gonzalez-Alarcon v. Macias - "Abraham Gonzalez-Alarcon filed a habeas petition under 28 U.S.C. § 2241 alleging specific facts which, if proven, would demonstrate that he is a United States citizen. He seeks release from custody from Immigration...
Daniel M. Kowalski
over 5 years ago
Immigration Law
News Headlines
Cert. Denied in Castro v. DHS (CA3)
Issues: (1) Whether the U.S. Court of Appeals for the 3rd Circuit erred in holding that the petitioners are not entitled to judicial review of their statutory, regulatory and constitutional claims, even by habeas corpus, and are “prohibited from...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Outside News
Another Victory in Detroit Suspension Clause Habeas; Prelim. Injunction Granted in Hamama v. Adducci
Hamama v. Adducci, July 24, 2017 - "In their motion for a preliminary injunction, Petitioners ask this Court to halt temporarily their deportation to Iraq, until they can make their case in the immigration courts that their removal is legally prohibited...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Outside News
Fewer Rights in Pennsylvania than Guantanamo: Some Reactions to Castro v. DHS - David Isaacson
David Isaacson, Sept. 13, 2016 - " On August 29, 2016, the Court of Appeals for the Third Circuit issued its decision in Castro v. Dept. of Homeland Security , a consolidated set of habeas corpus petitions brought by asylum-seekers subject to expedited...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
CA3 on Habeas, Suspension Clause: Castro v. DHS
Castro v. DHS, Aug. 29, 2016 - "We hold that, at least as applied to Petitioners and other similarly situated aliens, § 1252 does not violate the Suspension Clause. Consequently, we will affirm the District Court’s order dismissing Petitioners’...