Matthew Borowski wins order in Federal Court habeas corpus action blocking Trump administration's detention policy for Undocumented Immigrants

On November 4, 2025, Buffalo Immigration Lawyer Matthew Borowski won an order granting a temporary restraining order (TRO) in United States Federal District Court for the Western District of New York. In the order, federal judge Hon. Lawrence J. Vilardo blocked the Trump administration's mandatory detention policy for undocumented immigrants. In doing so, the Court ruled that the Trump administration's re-interpretation of longstanding law to read that all undocumented immigrants who entered the country without inspection were to be detained under the "mandatory detention" language of INA Section 235(b)(2), was not legally correct. For nearly three decades, since the immigration laws were last overhauled, the federal immigration authorities applied INA Section 236(a), which allowed for a bond to be set for the release of a detained noncitizen. Judge Vilardo agreed in the case of Alvarez Ortiz v. Freden with Borowski's arguments that the plain language of the law establishes that bond is available. He also went a step further and ordered the government to place the burden of proof properly on the government, rather than on the noncitizen. The very next day, we were successfully able to get Mr. Alvarez Ortiz released on a bond and he is now back home in Connecticut with his family.  

You can listen to the story here: https://shows.acast.com/the-buffalo-daily-news-now/episodes/690e39a97728b8766cdb4831

You can read the case here: https://caselaw.findlaw.com/court/us-dis-crt-w-d-new-yor/117905932.html 

Buffalo News discusses Borowski Witmer clients swept up in ICE enforcement despite no criminal background and pending court dates

The Buffalo News recently interviewed immigration lawyers Ryan Witmer and Matthew Borowski regarding recent ICE enforcement activity under Trump's leadership:

 An excerpt from the article: 

    Two Buffalo immigration attorneys raised questions about the Trump administration’s crackdown on illegal immigration on Friday, after saying their client was arrested and sent to an immigration detention facility despite having no record of violence or criminal activity.
Ryan Witmer, Immigration Attorney

    Attorneys Ryan L. Witmer and Matthew K. Borowski said their law firm’s client, an Ecuadorian man in his late 20s who is seeking asylum in the United States, was arrested Monday at his home on Buffalo’s East Side.

    According to Witmer, federal agents told him that the only reason for arresting the man was a recent “change in priorities” regarding people who are allowed to stay in the United States while awaiting the outcome of immigration proceedings.

    “This is a man who has a job as a roofer, and other than the immigration charge against him, has never been accused of any criminal activity,” Witmer told The Buffalo News on Friday. “An immigration judge released him on $10,000 bond last April, and he’s been waiting for his asylum case to come to court.

Read the rest of the article on Buffalo News:

Buffalo lawyers criticize arrest of migrant waiting for asylum hearing 

Buffalo Federal Detention Facility sued for "slave-like" labor conditions, Akima Global Services named as defendant

Worker Justice Center of New York (WJCNY) Sues Akima Global Services for Labor Violations at Buffalo Federal Detention Center

 A Buffalo-area detention facility, the Buffalo Federal Detention Facility, run by a private contractor, "Akima Global Services," was sued in September by the WJCNY for Labor Violations at the facility.

"The Buffalo Detention Center pays all working detainees $1 a day, regardless of hours worked, which can be as long as 12 hours. BDC does not offer hazard pay, and many of the workers are responsible for wards of people infected with COVID-19."

See also: https://www.workers.org/2020/09/51428/ 

This is the same facility where Borowski Witmer Immigration Lawyers regularly represents detained clients. A huge thank you to the public interest organizations that use their resources to fight for the rights of detainees at this facility.

 

We are now Borowski Witmer Immigration Lawyers

Borowski Immigration Law is now Borowski Witmer Immigration Lawyers. We continue to provide diligent, competent legal representation to our clients from our convenient location in Buffalo, NY. During this COVID-19 pandemic, we are fully operational, providing telephonic consultations and continuing to represent our clients. Please call us at 716-330-1503 to discuss your immigration situation.

Borowski Immigration Law moves to a new location!

We have moved! As of November 18, 2019 we are now located at 4343 Union Road, Buffalo, NY 14225, conveniently located near the Buffalo Niagara International Airport, the Walden Galleria mall, all major highways and just ten minutes from downtown Buffalo. Our new location has free parking and more space to better serve our clients.

Matthew Borowski Admitted to United States Court of Appeals for the Ninth Circuit

Buffalo, New York based immigration lawyer Matthew Borowski was admitted to practice in the United States Court of Appeals for the Ninth Circuit on January 25, 2019. The San Francisco, California based federal appeals court exercises jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington State, Guam, and the Northern Mariana Islands. The Ninth Circuit is by far the largest of the thirteen courts of appeals, with 29 active judgeships.

This admission allows Matthew Borowski to represent clients for Petitions for Review of administrative agency decisions, most notably appeals of Board of Immigration Appeals decisions in cases that arose within the Ninth Circuit's area of jurisdiction. Mr. Borowski has already filed appeals of decisions in two cases that arose at the Adelanto Immigration Court in Adelanto, California, which is a detained immigration court situated within a privately owned immigration detention facility (owned by GEO Group).

Matthew has already been licensed to practice before the United States Court of Appeals for the Second Circuit since January 2015. The Second Circuit and the Ninth Circuit together exercise jurisdiction over portions of the United States with a population of over 85 million.


If you need to appeal a Board of Immigration Appeals (BIA) decision to the Ninth Circuit, Second Circuit, or any other federal court of appeal, contact Borowski Immigration Law today to discuss your options. We can handle cases nationwide.

Borowski Law Featured in Media for Representing Dreamer Whose Status Was Revoked Despite Criminal Charges Being Dropped

UAlbany student detained, ordered deported despite dropped criminal charges

Read an article by Mallory Moench at the Albany Times Union about Omar Helalat, a Deferred Action for Childhood Arrivals (DACA) recipient and member of the Tau Sigma National Honor Society at the University at Albany, who is represented by Borowski Law. Omar Helalat was detained by immigration authorities, had his DACA revoked, and has been ordered removed

From the article:
"When he cheated on his girlfriend of a year, she accused him of trying to strangle her. In March, he was arrested on domestic violence charges and sent to the Albany County jail. His father came from Rockland County, just north of New York City, and paid to bail his only son out of jail, but Helalat was already in immigration detention. The government revoked his DACA and started his deportation.

The charges against Helalat were dismissed when his ex-girlfriend wrote a letter in his defense to the court. The case was unable to proceed without victim cooperation, a spokesperson for the Albany County District Attorney's office said."

The story was also covered by News 12, who interviewed Matthew Borowski. View the story here.

Matthew Borowski wins Syrian asylum case

Matthew Borowski has just won an asylum case for a Syrian refugee who feared forced recruitment by Bashar al-Assad's military forces, and persecution due to his pro-western political views. This individual's family home in Damascus had been destroyed in a bombing campaign several years ago, and he feared returning to the war-torn country. The news of our asylum win came just as the U.S. government sent airstrikes to several Syrian military sites. Immigration Judge Denise Hochul ruled in favor of our client's asylum claim, which was based on political opinion, religion, race, and membership in a particular social group of young, westernized Syrian men.

Borowski Immigration Law is thrilled that we were able to secure asylum and eventual U.S. permanent residency through the defensive asylum process at the Buffalo Immigration Court.

Those who wish to help assist people in Syria who are suffering during this war can donate to the White Helmets. Also known as the Syria Civil Defense, the White Helmets are a group of volunteers based in Syria who rush to victims’ aid when disaster strikes.

Toronto Star article on the effect of Trump's immigration policies on Canadians quotes Matthew Borowski

Trump is making it harder for Canadians to legally immigrate to the U.S., lawyers say

Toronto Star journalist Daniel Dale writes that Canadians trying to move to the United States are regularly facing more paperwork, tougher scrutiny and longer waiting times than Canadians did before Donald Trump became president, immigration lawyers in both countries say.

The article quotes Buffalo Immigration Lawyer Matthew Borowski on his views of the Trump administration's recent policy changes, which include forbidding immigration lawyers from accompanying their clients at the port of entry when applying for visas and waivers.

The article states that "On the whole, Canadians are still in a better position to immigrate than residents of any other country. But advocates of cross-border mobility say the Trump-era changes are irrational and overly burdensome when applied to educated, law-abiding applicants from a low-risk neighbour, needlessly harming U.S. companies and families."

“It damages the U.S. economy and it damages the U.S. bilateral relations with our closest neighbours,” said Buffalo and Toronto lawyer Matthew Borowski.

Read the entire article

Buffalo News article on Humanitarian Parole denials at Buffalo Federal Detention Facility quotes Matthew Borowski

Phil Fairbanks at the Buffalo News is covering an important lawsuit against federal immigration authorities that has been filed by the New York Civil Liberties Union (NYCLU).

A lawsuit filed by the NYCLU claims that, under the Trump administration, immigration authorities at the Buffalo Federal Detention Facility have "stopped a long-standing practice of granting parole to asylum seekers who are not considered a danger to the community and have a credible chance of being granted asylum."

"A lot of these people have suffered trauma in the past," said Matthew K. Borowski, a Buffalo immigration lawyer. "And now, they're languishing in jail."


Read more:
Asylum seekers at federal jail in Batavia sue over lack of parole - The Buffalo News

Buffalo Immigration Lawyer Matthew Borowski wins asylum case for Afghan army captain who fought Taliban alongside American troops

Last of three Afghan soldiers who fled to Buffalo wins asylum - Buffalo News

Noorullah Aminyar Wins the Fight of His Life - Esquire Magazine

Borowski Law Featured in Esquire Magazine Article on Captain Aminyar's Asylum Case

The Fight of His Life - Esquire Magazine

Esquire Magazine has published a detailed article following the chronicle of Noorullah Aminyar, the Afghan army captain who is seeking asylum in the United States and is being represented by Borowski Immigration Law.

From the article:

The first time Captain Noorullah Aminyar traveled to the United States, in 2012, he felt calm and peaceful in a way he never had before. Back home in Afghanistan, he had slept fully clothed, boots on, hand on his rifle. The Taliban attacked every night, and he had to be ready. "But when I come to America," he told me, "I have no stress in America. I sleep good. I tell you, I have no stress. It was really easy. It was a good thing. You feel safe. I was born in the war. I grew up in the war. Always, your life is in danger. You find a little safe time, for sure you'll be happy."

Read more

Matthew Borowski interviewed regarding Supreme Court decision to reinstate portion of Trump's travel ban

 

What Ruling on Trump's Travel Ban Means for WNY

Immigration lawyer Matthew Borowski appears on Spectrum News - Buffalo to discuss Trump's travel ban and the Supreme Court's last-minute decision to allow the ban to proceed with respect to non-citizens from the countries on the list who have no bona fide relationship with U.S. persons or entities.

Borowski Immigration Law wins gang-based LGBT asylum case for detained Salvadoran client

Buffalo immigration attorney Ryan Witmer, a partner with the Law Office of Matthew Borowski, recently won a gang-based LGBT El Salvador asylum case before the Batavia Immigration Court for a detained asylum seeker. The claim was based on the respondent's fear of returning to El Salvador due to past persecution he faced at the hands of members of a criminal gang (mara) who beat, raped, and tortured him due to his sexual identity. When he went to the police for protection, he was refused any assistance. El Salvador has a well-documented history of refusing police protection to individuals who suffer persecution as a result of their sexual orientation. The result represents a huge victory for Mr. Witmer's client, who came to the United States seeking protection from torture.

"Gang-based cases from Central American countries such as El Salvador are notoriously difficult to win," said attorney Witmer. "I was very pleased with the outcome in this case, particularly given my initial fears because my client was unable to provide any documentary proof of the horrible persecution that he suffered. At the end of the day, Immigration Judge Steven Connelly saw that our client testified credibly and that gay rights are extremely tenuous in El Salvador, given the weight of the country conditions evidence."

The lawyers at Borowski Immigration Law work diligently on our clients' asylum cases, fighting for the American dream of a new beginning free from persecution. If you or a loved one fear returning to your home country due to persecution or torture, and wish to apply for asylum in the United States, please call us today to discuss your eligibility.

Ryan Witmer discusses federal responsibility for immigration law enforcement

One Major Wall Faces Local Agencies to Enforcing Immigration Laws

With President Donald Trump considering extending the power to enforce immigration law to local law enforcement agencies, Ryan Witmer, an immigration lawyer with Borowski Immigration Law, says he doesn't see a practical reason for the proposal.
"It's the federal government's responsibility to manage and enforce our immigration laws, not the state and local governments," said Witmer.

Read more on Spectrum News: 
One Major Wall Faces Local Agencies to Enforcing Immigration Laws

Eight people flee U.S. border patrol to seek asylum in Canada

Eight asylum-seekers, including four children, barely made it across the Canadian border on Friday as a U.S. border patrol officer tried to stop them and a Reuters photographer captured the scene.
 
Full story: Eight people flee U.S. border patrol to seek asylum in Canada

Matthew Borowski discusses Trump's potential new Executive Order on TWC News Buffalo

President Donald Trump said Friday he's considering signing a new immigration order early next week as the original makes its way through the courts.

"Certainly, Trump could try to put forward a more narrowly-tailored travel ban, but I think, at the end of the day, if he tries to focus it on Muslim-majority nations, the statements he made during the campaign are going to come back to bite him," said Borowski.

Borowski says that's because courts take intent into account when making their decisions.

See the full story here:
Immigration Attorneys and Clients Wait for Whatever's Next

Montreal Gazette story on Muslim Canadian woman who was denied entry to the United States quotes Matthew Borowski on the border search exception

Matthew Borowski, Buffalo immigration lawyer, was quoted by the Montreal Gazette in an article about a Muslim Canadian woman who was denied entry to the United States after being detained for four hours and questioned about her political and religious views. Attorney Borowski discussed the border search exception to the Fourth Amendment of the Untied States Constitution, which gives border agents wide latitude to search people and goods moving across the international border.

From the article:

Matthew Borowski, a Buffalo, N.Y.-based immigration lawyer, said border-crossing agents benefit from the border search exception, which allows extensive questioning, searches and seizures without a warrant or probable cause.

In more recent years, he said, it’s extended to include the search of electronic devices, including cellphones and laptops.

“It’s been quite a contentious issue, and unfortunately the law hasn’t really settled on the topic yet,” Borowski said of device searches at border crossings. 

You can read the full article here:
Border-crossing rights: Agents can question, search and seize, immigration lawyers say

Ryan Witmer, Immigration Lawyer, Appears on ABC 7 Story: Trump's Travel Ban Keeping Families Apart

ABC 7 WBKW Buffalo interviewed Borowski Law attorney Ryan Witmer  about the issues families impacted by Trump's travel ban face. The story is about a Somalian refugee who spent the last two decades in Kenya, trying to get his visa to reunite with his brother and mother in Buffalo. Trump's travel ban is preventing this refugee from realizing his American dream.

From the article:

Immigration lawyer, Ryan Witmer, a partner at Borowski Law says families looking for a new chance in America are running into an unexpected road block.

“Many of these people have disposed of all of their assets in the country they are coming from. They thought they were moving to a new life in the United States,” said Witmer.

Witmer's advice, anyone from the listed countries unsure of their immigration status in the United States, make sure they have legal representation.

You can watch the story and read the article here:
Trump's Travel Ban Keeping Families Apart

Trump's Dangerous Executive Orders on Immigration Will Only Make America Less Safe

Please read this interesting article by Walter Ewing discussing Trump's dangerous and misguided executive order that eviscerates the enforcement priority system as we know it.

The executive order "effectively makes all unauthorized immigrants in the United States an 'enforcement priority,' regardless of whether they entered the country without inspection or overstayed a visa, and irrespective of whether or not they have a criminal record."

The ignorance of this decision is that enforcement resources are a finite resource, and if every immigration violation is considered a priority, how are we to determine which cases should receive the limited government resources to prosecute?

The article is available here:

Understanding the Dangerous Implication's of President Trump's Executive Order

I also recently was interviewed by Time Warner Cable News on this very issue of enforcement priorities. You can view the news story and the video here:

Immigration Issues Hit Buffalo as Debate Stirs Nationwide

Of course, this was before Trump's ban on Muslims took effect. Over the weekend there has been nothing but turmoil in airports throughout the United States as lawful immigrants and non-immigrants, some of whom have lived in the United States for years with green cards and have families and businesses in this country, were turned back simply because their country of origin was on Trump's list of Muslim nations from which he chose to ban immigrants.

We will continue to monitor the situation with Trump's executive orders so as to effectively defend our clients from these unconstitutional, racist, and bigoted actions.