Immigration Courts
Immigration courts play a crucial role in ensuring that immigration laws are applied fairly and consistently, providing due process to those facing removal. Learn more about issues facing the courts today and explore the actions we're taking to ensure the rights of immigrants are upheld and legal integrity is maintained.
Fifth Circuit Finds Motions to Reopen Can Be Equitably Tolled
The decision strongly reaffirms the importance of immigrants’ statutory right to file a motion to reopen, a procedural protection meant to ensure a proper and lawful outcome in an immigration proceeding. Read More
Court Rejects Government Attempt to Redact Names of Immigration Judges
This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of complaints filed against immigration judges. To date, the government has refused to turn over the names, locations, and genders… Read More
Despite Immigration Judge Hiring, Court Backlogs Continue to Grow
The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 496,704 cases in the backlog as of the end of March. This is almost 40,000 more pending cases than Executive Office of Immigration… Read More
Supreme Court Rebuffs 5th Circuit and Reaffirms the Importance of Federal Court Review
Washington, D.C. – The American Immigration Council and the National Immigration Project of the National Lawyers Guild applaud the Supreme Court’s decision yesterday in Mata v. Lynch. In an 8-1 decision, the Supreme Court overturned the Fifth Circuit Court of Appeals and held that federal courts have authority to review immigration decisions denying… Read More
New Book Documents 10 Years of Operation Streamline
For more than 10 years, the federal government has operated a program in federal courts along the Southwest border targeting unauthorized border crossers for criminal prosecution. The program, known as Operation Streamline, has long been criticized for its group hearings—up to 75 people at once—that provide little or no… Read More
Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)
Washington, D.C.—Recently, the U.S. Court of Appeals for the Second Circuit issued a precedent decision that will allow a greater number of lawful permanent residents (LPRs) to avoid deportation if they can demonstrate to an immigration judge that their removal will result in extreme hardship to close family members in the… Read More
Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD. Read More
Dent v. Holder and Strategies for Obtaining Documents During Removal Proceedings
This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process. Read More
Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues
This Practice Advisory discusses the “departure bar” to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.
Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD). Read More
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