Immigration Law

Recent Posts

The Pathos of Patel v. Garland
Posted on 26 May 2022 by Daniel M. Kowalski

Prof. Stacey Caplow, May 25, 2022 "There are many reasons for despair over the Supreme Court’s technocratic decision in Patel v. Garland which strikingly depends on arguments advanced by an amicus rather than the Government . The decision... 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

CA1 on CIMT, Modified Categorical Approach: Patel v. Holder
Posted on 4 Feb 2013 by Daniel M. Kowalski

"In 2003, petitioner Nupur Patel pled guilty to conspiracy-to-commit-larceny charges stemming from a scheme in which he stole from the dorm rooms of his college classmates. As a result, an Immigration Judge (IJ) and the Board of Immigration Appeals... Read More

CA6 on Standing: Patel v. USCIS
Posted on 11 Oct 2013 by Daniel M. Kowalski

"Disembodied notions of statutory purpose cannot override what the statute actually says. What § 1153(b)(3) says is that the alien, ultimately, is the one who is entitled to the employment visa. The alien’s interest in receiving it is... Read More

CA8 on Evidence, Due Process: Patel v. Sessions
Posted on 23 Aug 2017 by Daniel M. Kowalski

Patel v. Sessions, Aug. 22, 2017 - "We conclude that the BIA erred in affirming the IJ’s admission of Nilesh’s affidavit and the USCIS report without granting Patel’s request for a subpoena or otherwise providing Patel the opportunity... Read More