Amicus Briefs
Matter of L-A-B-R-
This amicus brief discusses how Sessions’ public statements indicate prejudgment about the use of continuances and explains how Sessions’ use of the referral authority suggests that he is choosing to refer cases to himself to achieve predetermined political and policymaking goals. Read More
Matter of Castro-Tum
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system. Read More
Guerra v. Shanahan – Second Circuit
The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Guerra v. Shanahan. The amicus brief argued that the pre-final order detention statute, 8 U.S.C. § 1226, governed the Petitioner’s detention pending his withholding-only proceedings, and therefore he should not be subject to… Read More
Crespin v. Evans – Fourth Circuit
The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Crespin v. Evans. The amicus brief argued that the pre-final order detention statute, 8 U.S.C. § 1226, governed the Petitioner’s detention pending his withholding-only proceedings, and therefore he should not be subject to… Read More
Ferino-Sanchez v. Sessions — Fourth Circuit
This amicus brief arguing that any Fourth Amendment violation by state and local law enforcement officers — not just egregious Fourth Amendments violations — should require the suppression of evidence in immigration court proceedings, which is the same standard that applies in the criminal justice arena. Read More
USCIS Should Accept Provisional Degree Certificate as Proof Degree Was Received for Advanced Degree Professionals
The Council filed an amicus brief in a case pending before the Administrative Appeals Office (AAO), an administrative body at U.S. Citizenship and Immigration Services (USCIS) that reviews denials of most employment-based visa petitions. Read More
Jennings v. Rodriguez – Ninth Circuit
The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention. Read More
Matter of Castillo Angulo – BIA
The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute. Read More
F- P- v. Holder – Ninth Circuit
Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens. The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have prevailed in many cases on motions to suppress. Read More
Ramirez v. Dougherty – Ninth Circuit
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible. Read More
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