Immigration Law

Recent Posts

Timothy Dugdale: Derivative Citizenship and Immigration Reform
Posted on 8 Jan 2014 by Daniel M. Kowalski

"On January 3, 2014, the Ninth Circuit rang in the new year with a very interesting judgement. This case builds upon two previous showstoppers, Solis-Espinoza (2006) and Scales (2000) In both those cases, the judges read INA 1401/301as NOT requiring... Read More

DHS Hides Government Documents Confirming Esteban Tiznado's U.S. Citizenship
Posted on 28 May 2012 by Daniel M. Kowalski

"As reported here several months ago, a jury found Esteban Tiznado had acquired U.S. citizenship at birth, through his father Jesus Tiznado, but in late 2011 Immigration and Customs Enforcement (ICE) deported him anyway . ICE continued to... Read More

CA9 on Derivative Citizenship: Brown v. Holder
Posted on 18 Aug 2014 by Daniel M. Kowalski

"Mark Brown, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of removal. In the administrative proceedings, Brown argued that he was or... Read More

CA2 on Derivative Citizenship; Overrules ID 3621: Nwozuzu v. Holder
Posted on 12 Aug 2013 by Daniel M. Kowalski

"The question presented is whether Nwozuzu's failure to become a lawful permanent resident before turning eighteen years old bars him from claiming derivative citizenship from his parents. We hold it does not. ... Nwozuzu applied for citizenship... Read More

CA2 on Derivative Citizenship: Morales-Santana v. Lynch
Posted on 8 Jul 2015 by Daniel M. Kowalski

"Petitioner Luis Ramon Moralesā€Santana seeks review of a Board of Immigration Appeals (“BIA”) decision denying his motion to reopen his removal proceedings to evaluate his claim of derivative citizenship. Under the statute in effect when... Read More

CA5 on Derivative Citizenship - Kamara v. Lynch
Posted on 19 May 2015 by Daniel M. Kowalski

"Petitioner Hamid Kamara (“Kamara”) seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) finding that he lacked derivative United States citizenship... Read More

Second Circuit on derivative citizenship, custody, appointment of counsel: Garcia v. ICE
Posted on 29 Dec 2011 by Daniel M. Kowalski

"Appeal from judgment of the United States District Court for the Western District of New York (Telesca, J.). The district court denied Petitioner habeas corpus relief after finding that Petitioner did not derive citizenship from his father; the... Read More

CA5 on ineffective assistance, derivative citizenship: USA v. Juarez
Posted on 25 Feb 2012 by Daniel M. Kowalski

"The defendant-appellant (Juarez) appeals the district court’s decision on his ineffective assistance of counsel claim. Juarez’s counsel failed to independently research and investigate the derivative citizenship defense. Citizenship... Read More