On July 21, 2014, the District Court for the Western District of Washington issued a final approval of the settlement agreement in Duran Gonzalez, a Ninth Circuit-wide class action lawsuit regarding eligibility for adjustment of status under INA § 245(i). Read the Settlement Agreement for a full explanation of who qualifies as a class member and what steps class members must take in order to seek relief.
On July 9, 2014, the American Immigration Council and co-counsel, the American Civil Liberties Union, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP, filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide legal representation as it carries out deportation hearings against them.
On June 30, 2014, the American Immigration Council, in collaboration with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights, issued Notices to Appear: Legal Challenges and Strategies, a practice advisory that provides strategies for attorneys to cancel, mitigate, or challenge the contents of an NTA.
On June 17, 2014, the American Immigration Council released a new issue of its docket. Among other topics, this issue discusses our litigation involving eligibility for 212(h) waivers; adjustment of status for individuals granted TPS, but who entered without admission; and whether Border Patrol Agents can be liable for damages for Fourth Amendment violations.
On May 19, 2014, the American Immigration Council, in collaboration with AILA, filed an amicus brief in the Eighth Circuit urging the court to grant a petition for rehearing or rehearing en banc and join the six other courts of appeals which interpret the hardship waiver in INA § 212(h) broadly. Read more about the Council’s work on this issue here.
On March 26, 2014, the American Immigration Council, in collaboration with the Northwest Immigrant Rights Project, the National Immigration Project of the National Lawyers Guild, and the ACLU of San Diego and Imperial Counties launched HoldCBPAccountable.org, a website that catalogues lawsuits and administrative complaints brought against U.S. Customs and Border Protection (CBP). Read More...
On March 14, 2014, the plaintiffs and the government submitted a proposed settlement agreement to the court in the Duran Gonzalez class action. Read our announcement about the case, the proposed settlement and next steps.
On March 6, 2014, the American Immigration Council and the Northwest Immigrant Rights Project filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protected Status (TPS) are eligible to apply for lawful permanent residence, even if they originally entered the United States without being admitted or paroled.
On March 5, 2014, the court issued an opinion in our FOIA suit against ICE, finding that ICE has not demonstrated that it conducted an adequate search for records regarding its policies on access to counsel. Read more about this litigation and other related access to counsel FOIA requests here.
On February 18, 2014, the American Immigration Council, AILA, and other stakeholders submitted comments in response to DHS’s proposed new DACA application form and instructions.
On January 21, 2014, the LAC filed an amicus brief in support of a claim for damages in which we argue that the court has the authority to decide the case of a Guatemalan who was unlawfully removed from U.S., in violation of an automatic stay of removal, and not allowed to return for two years. Read more about the LAC’s efforts to preserve federal court jurisdiction in Federal Tort Claims Act and Bivens cases here.
On January 8, 2014, the LAC, in collaboration with AILA, filed an amicus brief in the Second Circuit urging the court to join five other courts of appeals and interpret the hardship waiver in INA § 212(h) broadly. Read more about the LAC’s work on this issue here.