Federal Courts/Jurisdiction
Challenging Iowa’s State Deportation Law
We’re suing Iowa for a new law that criminalizes anyone who has reentered the state after being deported — including children — even if that person is now authorized to be in the U.S. This is the most extreme anti-immigrant law in the state’s history. Read More
Amicus Brief to Supreme Court Asserting Judicial Review of Consular Visa Denials Available
The American Immigration Council filed an Amicus Brief with the American Immigration Lawyers Association to challenge the government's theory that judicial review is never available when a consular officer decides to deny a visa application. Read More
Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive
The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson… Read More
Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews. Read More
Litigation for Business Immigration Practitioners
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial. Read More
SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again
Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest relatives because an overworked immigration judge (IJ) misapplied a legal standard in deciding whether someone is entitled… Read More
Common Tools of Statutory Construction for Criminal Removal Grounds
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal… Read More
Court Hears Challenge to Asylum Turnback
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment. Read More
Newly Proposed Appellate Rule Would Overturn Trump-era Restrictions for Immigration Judges and Codify Judicial Discretion
On Thursday, the Biden administration proposed to rescind a Trump administration rule that stripped authority from immigration judges to manage their own dockets; here is our response. Read More
With Challenge to CHNV Parole Program, the ‘Right to Welcome’ Goes on Trial in Texas
The Biden administration’s humanitarian parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) went on trial last week. The trial, held in a federal court in Texas, was the result of a lawsuit filed in January 2023 (shortly after the program was expanded to Cuba, Haiti, and Nicaragua) by Texas… Read More
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