Federal Courts/Jurisdiction
Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court. Read More
The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings
This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241. Read More
The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts. Read More
Finality of Removal Orders for Judicial Review Purposes
The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review. Read More
Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?
This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO. Read More
Federal Court Jurisdiction Over Discretionary Decisions After REAL ID
This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts. The government has asserted this jurisdictional bar in employment-based, family-based, and humaritarian-based immigration cases. Read More
How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case
This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.
How to File a Petition for Review
Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review. Read More
How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application
Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available. Read More
Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention
Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue is whether the government can keep a noncitizen who is fighting her deportation case locked up for however… Read More
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