Immigration Law

Recent Posts

Expert: Latest Supreme Court Ruling Means More Lawyers Needed in Immigration Court (Law360)
Posted on 17 May 2022 by Daniel M. Kowalski

Mike LaSusa, Law360, May 16, 2022 "The U.S. Supreme Court's Monday ruling barring judicial review of immigration courts' factual findings raises the stakes for noncitizens in immigration court proceedings, underscoring their need for adequate... Read More

Supreme Court, 5-4: Patel v. Garland
Posted on 16 May 2022 by Daniel M. Kowalski

Patel v. Garland Majority : "With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal. We must decide how far this bar extends—specifically... Read More

Supremes Order More Briefing in Biden v. Texas (MPP)
Posted on 3 May 2022 by Daniel M. Kowalski

Amy L. Howe, May 3, 2022 "Six days after hearing oral argument in the challenge to the Biden administration’s effort to unwind the “remain in Mexico” immigration policy, the Supreme Court on Monday called for more briefing. In... Read More

Justices Heard Dispute from GOP-Led States over Biden’s Refusal to Defend Legality of Trump-Era Immigration Rule
Posted on 23 Feb 2022 by Daniel M. Kowalski

Amy L. Howe, Feb. 22, 2022 "On Wednesday, the Supreme Court [ heard ] oral argument in a dispute over whether a group of states, led by Arizona, can defend a contentious Trump-era immigration policy known as the “public charge” rule... Read More

SC Oral Argument, Wed. Feb. 23, 2022: Arizona v. City and County of San Francisco (Public Charge)
Posted on 22 Feb 2022 by Daniel M. Kowalski

Links to all the briefs here . Issue: Whether states with interests should be permitted to intervene to defend a rule when the United States ceases to defend. Read More

Supreme Court Grants Cert. in Biden v. Texas (MPP)
Posted on 20 Feb 2022 by Daniel M. Kowalski

Amy L. Howe, Feb. 18, 2022 "The Supreme Court on Friday afternoon agreed to decide whether the Biden administration must continue to enforce the Trump-era program known as the “remain in Mexico” policy, which requires asylum seekers... Read More

Groups Ask DOJ to Reject "Insular Cases"
Posted on 17 Feb 2022 by Daniel M. Kowalski

ACLU, Feb. 10, 2022 "Over 100 years ago, the U.S. Supreme Court issued a series of rulings known as the Insular Cases that still prevent millions of people — overwhelmingly, people of color — from accessing certain constitutional rights... Read More

Experts Comment in Advance of Supreme Court Oral Argument
Posted on 11 Jan 2022 by Daniel M. Kowalski

Jan. 11, 2022 - Today the Supreme Court will hold oral arguments in two immigration cases. Two expert comment: Prof. Shalini Ray - "The Supreme Court will hear oral arguments on Tuesday in two related immigration cases , Johnson v. Arteaga-Martinez... Read More

Jan. 11, 2022 SC Oral Arg. Previews (Detention, Bond, Jurisdiction)
Posted on 10 Jan 2022 by Daniel M. Kowalski

For Garland v. Gonzalez , see here and here . For Johnson v. Arteaga-Martinez , see here and here . For both, see here . Read More

Patel v. Garland SC Oral Arg. Analysis: Prof. Shoba Sivaprasad Wadhia
Posted on 9 Dec 2021 by Daniel M. Kowalski

Prof. Shoba Sivaprasad Wadhia, Dec. 7, 2021 "The Supreme Court on Monday heard oral argument in Patel v. Garland , an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary... Read More

Patel v. Garland: SC Oral Argument Case Preview
Posted on 3 Dec 2021 by Daniel M. Kowalski

Dean Shoba Sivaprasad Wadhia, Dec. 3, 2021 " Patel v. Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme... Read More