- USCIS Issues New Directive to Benefit Thousands of VAWA EWI Self-Petitioners
Work by a coalition of organizations, including the LAC’s Mary Kenney and Beth Werlin, was instrumental in convincing USCIS to issue a new directive on VAWA eligibility that will benefit thousands of people. To learn more about this issue, read AILF's press release. View the VAWA Fact Sheet issued on April 21, 2008 and an April 11, 2008 guidance memo from Michael Aytes.
- AILF's Legal Action Center Is Moving to New Offices
The Legal Action Center is moving. LAC's offices will close at 5:30 p.m. Eastern time on Wednesday, April 23rd and reopen in new offices on Tuesday, April 29th. Our website will remain online, but we will not have email or direct phone service until we reopen. We will receive the emails and voice mails left for us during the move, and we will respond to them as soon as possible after we reopen.
- Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss (Updated April 8, 2008)
This practice advisory outlines in summary form arguments to make in response to the government's motion to dismiss a mandamus or Administrative Procedure Act case brought to remedy the delayed adjudication of an immigration benefit applications such as an adjustment of status application.
- Updated: Reinstatement of Removal (Updated March 14, 2008). This practice advisory addresses where to obtain federal court review of reinstatement orders and what arguments are available to challenge the legality of reinstatement orders in federal court, including challenges to the underlying removal order.
- Plaintiffs File for Rehearing En Banc in Duran Gonzales, 245(i)/I-212 Litigation. On February 27, 2008, Plaintiffs-Appellees filed a petition for rehearing en banc in Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007). Duran Gonzales is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004).
- Updated: § 212(h) Eligibility: Case Law and Potential Arguments (Jan 22, 2008)
This practice advisory addresses statutory requirements for for § 212(h) waivers; availability of § 212(h) waivers in removal proceedings for both LPRs and non-LPRs; and situations when a "stand-alone" § 212(h) waiver can, or arguably might, be filed.
- In Kalilu v. Mukasey, No. 06-75425, 2008 U.S. App. LEXIS 3157 (9th Cir. Feb. 14, 2008), the Ninth Circuit Court of Appeals held that the BIA abused its discretion when it denied the motion to reopen of an “arriving alien” who sought to apply for adjustment of status with USCIS. Read more about this decision.
- AILF and AILA submitted comments to EOIR's proposed rule on voluntary departure. The proposed rule provides that the filing of a motion to reopen or reconsider or a petition for review automatically terminates the grant of voluntary departure.
- AILF and co-counsel in Duran Gonzalez prepared a Duran Gonzalez Q&A to address issues that have arisen following the Ninth Circuit’s adverse decision, including the effective date of the decision, qualifications for class membership, and strategies for class members and others affected by the decision. Duran Gonzalez is a circuit-wide class action challenging the DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). On November 30, 2007, the Ninth Circuit issued a decision in which it vacated the preliminary injunction and remanded the case to the district court. See Duran Gonzales v. DHS, No. 07-35021, __ F.3d __ (9th Cir. Nov. 30, 2007). Read more about this suit.
- AILF's Legal Action Center filed an amicus curiae brief at the Supreme Court in Dada v. Keisler. This case addresses the interplay between voluntary departure and motions to reopen removal proceedings. Specifically, the Court is considering whether the filing of a motion to reopen removal proceedings automatically tolls the running of the voluntary departure period. Read more about the case and AILF's amicus brief.
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- Litigation Clearinghouse Newsletter Volume 3, Issue 5 (May 7, 2008)
This issue of AILF's Litigation Clearinghouse Newsletter covers a new suit seeking detention standards, update on religious workers class action, class action certification in a naturalization delay suit, limitations on the categorical approach, and litigation resources on the web.
- Litigation Clearinghouse Newsletter Volume 3, Issue 4 (April 15, 2008)
This issue of AILF's Litigation Clearinghouse Newsletter covers a recently filed naturalization delay class action, a damages suit against USICE employees for violating 4th and 5th Amendment rights during home raids, and a recent decision regarding the confidentiality of asylum applications.
- Litigation Clearinghouse Newsletter Volume 3, Issue 3 (March 21, 2008)
This issue of AILF's Litigation Clearinghouse Newsletter covers the Supreme Court's decision to hear an asylum case involving the persecutor bar, attorneys' fees in naturalization delay suits, pending circuit court cases addressing whether anti-immigration state and local laws are preempted by federal law, and a recent decision regarding evidence that the BIA did not mail a decision.
- Litigation Clearinghouse Newsletter Volume 3, Issue 2 (February 27, 2008)
This issue of AILF's Litigation Clearinghouse Newsletter covers recently filed lawsuits involving access to counsel at immigration interviews, abuse of minors in detention, and the border fence between the U.S. and Mexico. The newsletter also includes updates on the Duran Gonzales class action in the Ninth Circuit (involving 245(i) and I-212s), Matter of Blake litigation, and the class action suit to restore SSI benefits for refugees and asylees.
- Litigation Clearinghouse Newsletter Volume 3, Issue 1 (January 25, 2008)
This issue of AILF's Litigation Clearinghouse Newsletter covers a recent SIJ decision enjoining the government from requiring specific consent for minors in federal custody, a Supreme Court update, an update on mandatory detention litigation, cases rejecting the BIA precedent Matter of Shanu, and a Q&A on a recent court decision addressing the ABC settlement.
- § 212(h) Eligibility: Case Law and Potential Arguments (Jan 22, 2008)
This practice advisory addresses statutory requirements for for § 212(h) waivers; availability of § 212(h) waivers in removal proceedings for both LPRs and non-LPRs; and situations when a "stand-alone" § 212(h) waiver can, or arguably might, be filed.
- Litigation Clearinghouse Newsletter Volume 2, Issue 15 (December 20, 2007)
This issue of AILF's Litigation Clearinghouse Newsletter covers circuit court challenges to BIA precedent decisions, an advisory on multiple possession convictions, a Q&A addressing the Ninth Circuit's Recent decision Duran Gonzalez, religious worker litigation, and a recently filed natz delay class action.
- Litigation Clearinghouse Newsletter Volume 2, Issue 14 (December 6, 2007)
This issue of AILF's Litigation Clearinghouse Newsletter covers recent decisions on INA §§ 245(i) and 212(a)(9)(C), including the Ninth Circuit decision in the I-212, Perez Gonzalez class action, amended federal court rules limiting public access to electronic records, and mandamus actions for natz applicants who have not had interviews.
- Litigation Clearinghouse Newsletter Volume 2, Issue 13 November 20, 2007
This issue of AILF's Litigation Clearinghouse Newsletter covers natz delay class actions, challenges to Matter of Perez-Vargas, potential religious worker litigation, and LAC news.
- Amended: I-140 Portability for Employment-Based Adjustment Applicants in Removal Proceedings - Strategies for Challenging Matter of Perez-Vargas (November 12th, 2007)
Updated AILF practice advisory discussing INA § 204(j) portability, challenges to the precedent decision Matter of Perez-Vargas, and the three court of appeals decisions rejecting Perez-Vargas to-date.
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