The American Immigration Council’s Legal Action Center works to advance fundamental fairness in U.S. Immigration Law and to protect the constitutional and legal rights of immigrants, refugees, and other noncitizens | Read More »
What's New
COURT ENJOINS PARTS OF SB 1070
On July, 28, 2010, the day before SB 1070 was scheduled to go into effect, the district court enjoined several of the most controversial parts of the law. Specifically, the court issued a preliminary injunction stopping enforcement of four provisions. Read details here and read the court's order.
AIC/AILA Litigation Institute, October 8-10, 2010
Strengthen your litigation skills in Leesburg, Va., this fall, via our hands-on, educational format! Now more than ever immigration lawyers need to be equipped to litigate issues on behalf of their clients. This Institute will enable both neophytes and experienced practitioners to acquire new skills, to practice their technique, and to become confident and knowledgeable about litigation in immigration court and in the federal courts. Please see http://www.aila.org/li for registration information.
Litigation Clearinghouse
The Litigation Clearinghouse serves as a national point of contact for lawyers conducting or contemplating immigration litigation. The Clearinghouse issues Litigation Clearinghouse Newsletters, posts Supreme Court developments, and produces Litigation Issue Pages, which are issue-specific web pages focusing on select topics currently being litigated in the federal courts. The LAC encourages immigration attorneys to contact the Clearinghouse to share information about your cases at clearinghouse@immcouncil.org.
Litigation Clearinghouse Newsletter Vol. 5, No. 4
This issue covers the Supreme Court's favorable decision in an aggravated felony case, a legal challenge to the H-1B/Neufeld Memo on the employer-employee relationship, EOIR resources on BIA precedents, a court of appeals decision vacating a BIA precedent on the finality of a conviction, updates on the suits challenging Arizona's immigration law (SB 1070), and LAC litigation on access to courts, motions to reopen, and the Child Status Protection Act..
Litigation Clearinghouse Newsletter Vol. 5, No. 3
This issue covers lawsuits challenging Arizona’s immigration enforcement law SB 1070; two Supreme Court decisions issued this spring involving immigrants; a lawsuit challenging continued detention after the expiration of a detainer; an overview of several “material support” mandamus cases challenging delay in adjudicating adjustment applications, and important reminders from the LAC (including dates and locations for the Council’s litigation and detention meetings at AILA’s Annual Conference, as well as LAC litigation and practice advisory updates).
Read all past issues of the newsletter and our other Clearinghouse resources, including the Litigation Issue Pages and Supreme Court developments.
Practice Advisories
LAC Practice Advisories provide in depth discussion and analysis of select substantive and procedural issues in immigration law. The Practice Advisories are intended to assist lawyers and do not substitute for individual legal advice supplied by a lawyer familiar with a client's case.
This updated 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.
Rescinding an In Absentia Order of Removal
This updated Legal Action Center Practice Advisory provides guidance on moving to reopen and rescind an in absentia order of removal based on lack of notice or exceptional circumstances for failure to appear.
Our Litigation & Advocacy
The American Immigration Council's Legal Action Center engages in impact litigation to protect and advance the rights of noncitizens. The LAC frequently submits briefs as amicus curiae (friend of the court) before administrative tribunals and federal courts, including the U.S. Supreme Court, and files affirmative lawsuits in limited circumstances.
Securing Access to Court Review
The LAC is urging a narrow and strict interpretation of the statutory bars to court review in a case where USCIS denied a noncitizen family based petition. We argue to the court of appeals that INA § 242(a)(2)(D) expands the court of appeals’ jurisdiction and in no way limits district court jurisdiction over legal and constitutional questions.
Post Departure Motions to Reopen
The LAC continues to challenge the regulatory bar to motions to reopen after a person has departed the U.S. We recently filed a brief in the Third Circuit Court of appeals urging the court to strike down the regulation. If you have a case challenging the post departure bar, please email us at clearinghouse@immcouncil.org.
LAC Argues for Favorable Interpretation of CSPA
In amicus briefs filed in cases at the Fifth and Ninth Circuit Courts of Appeals (a class action and two individual appeals [first appeal and second appeal]), the LAC argues that the Child Status Protection Act (CSPA) allows a derivative beneficiary of any family preference, employment, or diversity visa petition to retain the priority date of that petition when he or she is found to have “aged-out” by turning 21. The LAC argues that the BIA, in Matter of Wang, was mistaken in limiting INA §203(h)(3) to only beneficiaries of family second preference visa petitions.
Issue Pages
These issue-specific webpages focus on topics being litigated in courts nationwide.
Institute & Meetings
AIC/AILA Litigation Institute, October 8-10, 2010
Strengthen your litigation skills in Leesburg, Va., this fall, via our hands-on, educational format! Now more than ever immigration lawyers need to be equipped to litigate issues on behalf of their clients. This Institute will enable both neophytes and experienced practitioners to acquire new skills, to practice their technique, and to become confident and knowledgeable about litigation in immigration court and in the federal courts. Please see http://www.aila.org/li for registration information.