Immigration Law

Recent Posts

CA3 on Mandatory Detention: Gayle v. Warden
Posted on 7 Sep 2021 by Daniel M. Kowalski

Gayle v. Warden "Under 8 U.S.C. § 1226(c), the Government must detain noncitizens who are removable because they committed certain specified offenses or have connections with terrorism, and it must hold them without bond pending their removal... Read More

Sophia Genovese on Johnson v. Guzman Chavez
Posted on 26 Jul 2021 by Daniel M. Kowalski

Sophia Genovese, July 26, 2021 "In Johnson v. Guzman Chavez , 594 U.S. __ (2021), the Supreme Court held that noncitizens in withholding-only proceedings are not entitled to a custody redetermination, or bond, hearing before the Immigration Court... Read More

Habeas Win on Post-Preap Constitutional Challenge to 236(c): Perera v. Jennings
Posted on 15 Jun 2021 by Daniel M. Kowalski

Judah Lakin writes: "We wanted to share an exciting decision we received on Friday from Judge Freeman in the Northern District of California on Friday granting our client a bond hearing. We, together with our co-counsel Jenny Zhao and Monica Ramsy... Read More

Supreme Court on 'When...Released' - Nielsen v. Preap (5-4)
Posted on 19 Mar 2019 by Daniel M. Kowalski

Nielsen v. Preap (5-4) Justice Alito for the majority: "[T]he United States Court of Appeals for the Ninth Circuit held that this mandatory-detention requirement [8 U. S. C. §1226(c)] applies only if a covered alien is arrested by immigration... Read More

CA9 on Mandatory Detention, 'When...Released' - Preap v. Johnson
Posted on 5 Aug 2016 by Daniel M. Kowalski

Preap v. Johnson, Aug. 4, 2016 - "Under the plain language of 8 U.S.C. § 1226(c), the government may detain without a bond hearing only those criminal aliens it takes into immigration custody promptly upon their release from triggering criminal... Read More

Supreme Court to Review INA Sec. 236(c) "When...Released" Case: Nielsen v. Preap
Posted on 19 Mar 2018 by Daniel M. Kowalski

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately. ... Read More

Class Action Lawsuits in Mass., Wa. Challenge Mandatory, No-Bond Detention
Posted on 9 Aug 2013 by Daniel M. Kowalski

" Gordon v. Napolitano is a class action lawsuit filed on behalf of immigration detainees in Massachusetts who are unlawfully subject to mandatory, no-bond detention. Khoury v. Asher is a class action lawsuit filed on behalf of immigration detainees... Read More

CA1 on Mandatory Detention: Reid v. Donelan
Posted on 14 Apr 2016 by Daniel M. Kowalski

Reid v. Donelan, Apr. 13, 2016 - "The district court held that detention pursuant to § 1226(c) for over six months was presumptively unreasonable and granted summary judgment to the class, thereby entitling each class member to a bond hearing... Read More

CA1 (En Banc) on Mandatory Detention, "When...Released" - Castañeda v. Souza
Posted on 24 Dec 2015 by Daniel M. Kowalski

Castañeda v. Souza, Dec. 23, 2015 - "We conclude that Congress intended for the present detention mandate to operate like its precursors and thus that its bar to bonded release applies only to those specified criminal aliens whom the Attorney... Read More

Habeas 'When...Released' Victory in Colorado: Nieto Baquera v. Longshore
Posted on 11 Jun 2013 by LexisNexis Communities Staff

"The statute, read as a whole, gives immigration officials the power to detain and release aliens, except for a limited class of criminals who shall be mandatorily detained “when . . . released.” The “when . . . released”... Read More

Unpub. BIA Mandatory Detention Remand Victory; Lopez-Meza Distinguished; No CIMT
Posted on 14 Dec 2015 by Daniel M. Kowalski

Hats off to Steven Lyons, Martin C. Liu & Associates PLLC, New York, for this Dec. 11, 2015 unpublished BIA victory : "In the respondent's case, he did not drive under the influence with a suspended license but rather operated a motor vehicle... Read More

CA10 on 'When...Released' - Olmos v. Holder (Mandatory Detention)
Posted on 24 Mar 2015 by Daniel M. Kowalski

"For aliens, a criminal conviction can often result in removal (deportation). When an alien is convicted and the federal government seeks removal, an immigration judge can ordinarily conduct a bond hearing to decide whether the alien should be released... Read More

W.D. Wa. on 'When...Released,' Mandatory Detention: Morelos v. ICE
Posted on 18 May 2013 by Daniel M. Kowalski

"The parties dispute whether the phrase "when . . . released" makes § 1226(c) inapplicable when the government detains the alien after he or she is released from custody for a deportable offense. Mr. Morelos argues--and Magistrate... Read More

Class Action Lawsuit Challenges Mandatory Detention: Gayle v. Napolitano
Posted on 15 Nov 2012 by Daniel M. Kowalski

"This is a class action complaint for declaratory and injunctive relief or, in the alternative, a class action habeas, brought on behalf of individuals unlawfully subject to mandatory immigration detention in New Jersey under 8 U.S.C. § 1226... Read More