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 16, 2014, the LAC and co-counsel announced a tentative settlement agreement in Duran Gonzales v. DHS, a class action lawsuit regarding eligibility for adjustment of status for individuals who were previously removed. Read more about the tentative settlement which includes remedies for a subset of class members with retroactivity claims.
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.
On November 25, 2013, the LAC and co-counsel released an update of Frequently Asked Questions About the Asylum Clock Class Action Lawsuit. This updated FAQ answers questions about the benefits provided under the settlement of the nationwide class action, ABT v. USCIS, which challenged policies related to employment authorization for asylum applicants.
On November 13, 2013, the LAC released a new practice advisory, Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection, which addresses some of the factual scenarios and legal issues that may arise when seeking to suppress evidence unlawfully obtained at or near the border. This practice advisory supplements a prior LAC practice advisory, Motions to Suppress in Removal Proceedings: A General Overview, which has been updated to address certain strategic considerations concerning motions to suppress, including the advisability and timing of filing a concurrent request for prosecutorial discretion or a lawsuit for damages.