Immigration Law

Recent Posts

3 Former DHS Secretaries Urge Speed on DACA Legislation
Posted on 3 Jan 2018 by Daniel M. Kowalski

Jan. 3, 2018 - "We write to you today as Congress considers legislation to allow certain young immigrants, known as Dreamers, who came to the country as children, to be able to continue to live, work and contribute to our country. We write not only... Read More

Excerpts From the Jan. 15, 2013, Bender's Immigration Bulletin
Posted on 3 Jan 2013 by LexisNexis Immigration Law Community Staff

USCIS Issues Final Rule on Unlawful-Presence Waivers On January 2, Secretary of Homeland Security Napolitano announced the posting of an eagerly anticipated rule for a process that may allow would-be immigrants with accrued unlawful presence to spend... Read More

CA4 on INA Sec. 360: Patel v. Napolitano
Posted on 25 Jan 2013 by Daniel M. Kowalski

"Kamal Patel, a permanent resident alien and federal inmate, appeals the dismissal of his action under 8 U.S.C. § 1503(a) for a judgment declaring him a United States national. Patel alleges that he is a United States national because he applied... Read More

Notice of Proposed Class Action Settlement: Tsamcho v. Napolitano
Posted on 23 Jan 2013 by Daniel M. Kowalski

USCIS, Jan. 18, 2013 : "A proposed settlement of a federal class action lawsuit may affect your rights. In May 2010, a class action lawsuit, Tsamcho v. Napolitano, No. 10 CV 2029 (E.D.N.Y), was filed in federal court for the Eastern District of... Read More

Napolitano: DHS to begin sorting Morton Memo cases...when?
Posted on 20 Oct 2011 by Daniel M. Kowalski

"The former Immigration and Naturalization Service under DOJ, and later ICE under DHS, have always used discretion on a case-by-case basis where appropriate and responsible to do so, and where it enhances our ability to meet our priorities... Read More

DHS: Same-Sex Partners are 'Family' for Prosecutorial Discretion
Posted on 28 Sep 2012 by Daniel M. Kowalski

"In an effort to make clear the definition of the phrase "family relationships," I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase "family relationships" includes long-term... 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

ICE Agents Sue Napolitano Over DACA
Posted on 23 Aug 2012 by Daniel M. Kowalski

Crane, et al., v. Napolitano, et al ., No. 3:12-cv-03247-O, N.D. TX, Dallas Div., Judge O'Connor, filed Aug. 23, 2012. Read More

Tags: daca , lawsuit , napolitano , ICE

Napolitano Resigns as DHS Secretary
Posted on 12 Jul 2013 by Daniel M. Kowalski

"Homeland Security Secretary Janet Napolitano said Friday she is resigning to take a job running the University of California education system." - USA Today, July 12, 2013 . Read More

Senator's Call to Napolitano Saves Immigrant
Posted on 13 Aug 2012 by Daniel M. Kowalski

"Gray has been trying to get her own visa for nine years, but she still doesn't have one because of the backlogged immigration system. She can now stay another two years. Gray's cause got the attention of a home state senator, Claire McCaskill... Read More

ICE Anti-DACA Lawsuit Moves Forward: Crane v. Napolitano
Posted on 26 Jan 2013 by Daniel M. Kowalski

On Jan. 24, 2013, U.S. District Judge Reed O'Connor (N.D. Tx.) issued an Order in the Crane v. Napolitano lawsuit filed by ICE agents and the State of Mississippi challenging DACA. The Order grants in part and denies in part the Government's Motion... Read More

Napolitano: Deferred Action for DREAMers
Posted on 15 Jun 2012 by Daniel M. Kowalski

Text of June 15, 2012 DHS Press Release , with link to implementing memo : "Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children... Read More

ICE drops immigration charges, releases Alabama woman after Gutierrez meeting with Napolitano
Posted on 11 Dec 2011 by Daniel M. Kowalski

"Immigration officials released an undocumented Alabama woman from custody on Thursday, about four hours after a Democratic congressman told Department of Homeland Security Janet Napolitano about her case. The woman, a 19-year-old named Martha... Read More

DOMA Ruling Opens Doors for Immigration for Same-Sex Spouses
Posted on 27 Jun 2013 by Daniel M. Kowalski

"A Hollywood genius might have been hard-pressed to produce a more perfect ending to Melanie Servetas' story. Servetas was marrying the love of her life Wednesday morning near a picturesque Rio de Janeiro beach. At the same time, the U.S. Supreme... Read More

Napolitano touts border crackdown, urges support for Dream Act
Posted on 31 Jan 2012 by Daniel M. Kowalski

"Calling the nation’s immigration laws “sorely outdated and in need of revision,” Homeland Security Secretary Janet Napolitano pressed Monday for passage of the DREAM Act, saying it is the most-urgently needed change to immigration... Read More