Immigration Law

Recent Posts

CA8 on Equal Protection: Parada v. Anoka County
Posted on 1 Dec 2022 by Daniel M. Kowalski

Parada v. Anoka County "The Anoka County Jail referred every detainee born outside the United States, including Myriam Parada, to Immigration and Customs Enforcement. The district court determined that this policy violates the Equal Protection... Read More

Court Finds 8 USC 1326 Unconstitutional
Posted on 19 Aug 2021 by Daniel M. Kowalski

U.S. v. Carrillo-Lopez "Because Section 1326 violates the Equal Protection Clause of the Fifth Amendment, the Court will grant Carrillo-Lopez’s Motion. ... It is therefore ordered that Carrillo-Lopez’s motion to dismiss (ECF No. 26... Read More

CA3 Derivative Citizenship Victory: Tineo v. Atty. Gen.
Posted on 4 Sep 2019 by Daniel M. Kowalski

Tineo v. Atty. Gen. "In plain terms, we are called to decide whether precluding a father from ever having his born-out-of-wedlock child derive citizenship through him can be squared with the equal-protection mandate of the Due Process Clause of... Read More

Supreme Court: Old Gender-Based Citizenship Law Violates Equal Protection
Posted on 12 Jun 2017 by Daniel M. Kowalski

Sessions v. Morales-Santana, June 12, 2017 - "This case concerns a gender-based differential in the law governing acquisition of U. S. citizenship by a child born abroad, when one parent is a U. S. citizen, the other, a citizen of another nation... Read More

Arizona's 'No DLs for DACAs' Policy May Not Survive Equal Protection (Rational Basis) Challenge
Posted on 17 May 2013 by LexisNexis Communities Staff

While most news articles focus on Judge Campbell's March 16, 2013 denial of Plaintiffs' motion for preliminary injunction in ADAC et al. v. Brewer et al., CV12-02546 PHX DGC , of greater import is Judge Campbell's position on Plaintiffs'... Read More

CA2 on H-1B, TN Visa Pharmacists, N.Y. Law: Paidi v. Mills
Posted on 18 Jul 2012 by Daniel M. Kowalski

"This case involves a state regulatory scheme that seeks to prohibit some legally admitted aliens from doing the very thing the federal government indicated they could do when they came to the United States—work. Plaintiffs-Appellees are a... Read More

Constitutional (Equal Protection) Citizenship Victory in Texas: Villegas-Sarabia v. Johnson
Posted on 19 Aug 2015 by Daniel M. Kowalski

"After careful consideration of the Petition and the memoranda supporting and opposing the Government’s Motion to Dismiss, the Court, for the reasons that follow, GRANTS IN PART AND DENIES IN PART the Government’s Motion to Dismiss, DECLARES... Read More