Practice Advisory
Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring. Read More
A Guide to Obtaining Detention Records
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request. Read More
Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The Case
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog. Read More
Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. Read More
Matter of Laparra
In Matter of Laparra, 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality… Read More
Immigration Lawsuits and the APA: The Basics of a District Court Action
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. Read More
Strategies and Considerations in the Wake of Niz-Chavez v. Garland
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision. Read More
Freedom of Information Act and Immigration Agencies
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. Read More
Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case
This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the APA. It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise. Read More
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act. Read More
