Immigration Law

Recent Posts

Cert. Granted in Santos-Zacaria v. Garland
Posted on 4 Oct 2022 by Daniel M. Kowalski

On Jan. 10, 2022 a panel of the U.S. Court of Appeals for the Fifth Circuit issued a 2-1 decision in the case of Santos-Zacaria v. Garland, 22 F.4th 570 . On May 10, 2022 counsel for Santos-Zacaria filed a Petition for Writ of Certiorari to the U.S... Read More

CA10 on Jurisdiction, REAL ID, Habeas, Suspension Clause, Citizenship, Exhaustion: Gonzalez-Alarcon v. Macias
Posted on 19 Mar 2018 by Daniel M. Kowalski

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... Read More

CA6 on Natz. Exhaustion, Jurisdiction: Shweika v. DHS
Posted on 25 Jul 2013 by Daniel M. Kowalski

"For the past nine years, Mazen Shweika (“Shweika”) has prosecuted a single application for naturalization before both the United States Citizenship and Immigration Services (“USCIS”) and the U.S. District Court for the Eastern... Read More

AILA helps challenge Fifth Circuit on exhaustion
Posted on 14 Nov 2011 by Daniel M. Kowalski

Here is a link to the AILA amicus brief challenging the Fifth Circuit's 'questionable [and] controversial interpretation of 8 U.S.C. 1252(d).' This is a pro bono case I've been working on for some time, and I'm very grateful to AILA... Read More

Third Circuit on social group, Chevron, exhaustion: Valdiviezo-Gamez II
Posted on 8 Nov 2011 by Daniel M. Kowalski

"In Lin v. Attorney General, 543 F.3d 114 (3d Cir. 2008), we held that “the BIA’s consideration of an issue is sufficient to provide us with jurisdiction over that issue" even if the petitioner fails to raise the issue before the... Read More