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 Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions.
Published On: Thursday, May 13, 2010 | Download File
There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts.
Published On: Wednesday, March 31, 2010 | Download File
This Practice Advisory discusses 8 C.F.R. § 1239.2(f) and the BIA’s interpretation of it in Matter of Acosta Hidalgo. In Matter of Acosta Hidalgo, the BIA said that IJs and the BIA lack jurisdiction to determine prima facie eligibility for naturalization in order to terminate removal proceedings. The advisory sets out legal arguments for challenging the BIA’s decision.
Published On: Friday, September 18, 2009 | Download File
This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.
Published On: Thursday, August 6, 2009 | Download File