AILF Applauds Attorney General Holder's Withdrawal of Bush Administration's No-Right-To-Counsel Decision (June 3, 2009)
The American Immigration Law Foundation (AILF) applauds Attorney General Eric Holder's withdrawal of a decision issued by outgoing Attorney General Michael Mukasey that purported to unravel decades of legal precedent on the important role of and right to competent counsel in immigration proceedings. The § 237(a)(1)(H) Fraud Waiver (June 1, 2009)
This practice advisory discusses the § 237(a)(1)(H) waiver for fraud or misrepresentation at admission that would otherwise render deportable certain LPRs and VAWA self-petitioners. The advisory addresses when the waiver is available, the statutory eligibility requirements, and the relief that results from a grant of the waiver. - Litigation Clearinghouse Volume 4, Issue 6, May 14, 2009
This issue covers recent Supreme Court developments, a favorable decision in the surviving spouse class action, highlights from recent BIA precedent decisions, an AILF amicus brief challenging the regulatory bar to motions filed after departure from the US, and an invitation to upcoming litigation and detention meetings at AILA's Annual Conference.
- AILF and other immigrant rights, civil rights, and religious organizations and law firms sent a letter to Attorney General Holder urging him to withdraw Matter of Silva-Trevino, a decision issued by former Attorney General Mukasey just before the end of his tenure. Silva-Trevino distorts and in effect abandons the categorical approach for determining whether a criminal court conviction qualifies as a crime involving moral turpitude. The former Attorney General's decision upsets well-settled precedent, announces a rule that will cause gross unfairness, and was issued without adequate notice or input from the public.
- AILF Submits Amici Letter Brief Supporting Respondents' Motion to Reconsider Compean
AILF has drafted an amici letter brief to Attorney General Eric Holder in support of the respondents' motions to reconsider the Compean decision. Attorney General Holder testified to Congress that he would reexamine the decision. AILF’s letter brief encourages him to do so and provides a summary of arguments in support.
- Ineffective Assistance of Counsel
This litigation issue page provides information related to Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), the AG decision overturning Matter of Lozada. AILF will update this issue page with guidance for practitioners as we continue to analyze and respond to the AG's decision.
- Summary of Matter of Compean -- Attorney General Decision on Claims Regarding Counsel in Removal Proceedings
The following is AILF's summary of Attorney General Michael Mukasey’s decision in Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), the decision overruling Matter of Lozada, 19 I & N Dec. 637 (BIA 1988) and Matter of Assaad, 23 I & N Dec. 553 (BIA 2003).
- AILF Condemns Attorney General's Last Minute Blow to Immigrants' Legal Rights
On January 7, 2009, in the waning hours of the departing Bush Administration, Attorney General Michael Mukasey attempted to unravel decades of legal precedent guaranteeing due process to people facing life-changing consequences—namely, deportation. With less than two weeks left in office, this Administration apparently could not resist the temptation to take one more stab at undermining fundamental Constitutional principles.
- AILF Responds to New Voluntary Departure Rule (December 22, 2008)
AILF has analyzed EOIR's new voluntary departure rule and concluded that it is a mixed bag. Read AILF's announcement about the new rule and Voluntary Departure Rule Q&A.
- Equal Access to Justice Act (EAJA) Fee Application (December 15, 2008)
This Practice Advisory addresses the deadline for filing an Equal Access to Justice Act (EAJA) fee application, the statutory requirements for eligibility, and procedural aspects of filing an EAJA fee application, including documenting and calculating fees.
- Freedom of Information Act (FOIA) Litigation
This new litigation issue page summarizes and discusses recent litigation developments in immigration-related FOIA lawsuits. The page also provides information about attorneys' fees, non-litigation related developments in the FOIA context, and links to other resources.
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- Litigation Clearinghouse Volume 4, Issue 7, June 22, 2009
This issue covers Child Status Protection Act litigation, a recent Supreme Court decision in a fraud offense case, a final order in a religious worker class action, a court of appeals decision finding jurisdiction to review a cancellation denial, and an update in the Orozco litigation (involving adjustment of status where the admission involved fraud or misrepresentation).
- Litigation Clearinghouse Volume 4, Issue 5, April 17, 2009
This issue of AILF's Litigation Clearinghouse Newsletter covers conflicting circuit court decisions on attorneys fees in naturalization delay suits, an update on ineffective assistance of counsel litigation, a circuit court decision upholding the Orantes injunction for Salvadorans, recent decisions addressing how to calculate the one year filing deadline for asylum applications, and a new AILF Practice Advisory on electronic filing in federal court.
- Electronic Filing and Access to Electronic Federal Court Documents (April 13, 2009)
This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The advisory also clarifies some limitations to electronic access of documents in federal immigration cases.
- Litigation Clearinghouse Volume 4, Issue 4, March 26, 2009
This issue of AILF's Litigation Clearinghouse Newsletter covers a class action brought by religious workers seeking to file visa petitions and adjustment of status applications concurrently, circuit court decisions addressing IJ denials of continuances, updated AILF Litigation Issue Pages, a Favorable Fifth Circuit decision on the FTCA, and a new Eighth Circuit resource for litigators.
- Litigation Clearinghouse Newsletter Vol. 4, No. 3, February 24, 2009
This issue of AILF's Litigation Clearinghouse Newsletter covers Child Status Protection Act litigation; developments in Matter of R-A- and domestic violence asylum cases; new litigation resources; important developments in the Duran-Gonzales class action; and favorable decisions involving delay in a "material support" adjustment case and the fugitive disentitlement doctrine.
- Litigation Clearinghouse Newsletter Vol. 4, No. 2, February 2, 2009
This issue of AILF's Litigation Clearinghouse Newsletter covers the Supreme Court's decision to hear a fraud offense case, important developments in the Duran-Gonzales and surviving spouse class actions, updates on the Orozco and Matter of Silva-Trevino decisions, and outreach and resources related to the AG's ineffective assistance of counsel decision Matter of Compean.
- Litigation Clearinghouse Volume 4, Issue 1, January 9, 2009
This issue of AILF's Litigation Clearinghouse Newsletter covers a challenge to the new E-Verify rule; the Attorney General's decision overturrning Matter of Lozada; a Supreme Court update; regulatory developments in removal cases; and the Attorney General's decision on CIMTs and the categorical approach.
- Voluntary Departure Q&A (December 22, 2008).
This Q&A provides an overview of EOIR’s new regulations on voluntary departure. The new regulations, which go into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.
- Litigation Clearinghouse Volume 3, Issue 12, November 26, 2008
This issue of AILF's Litigation Clearinghouse Newsletter covers a recent FOIA lawsuit seeking information about stipulated removal; a Seventh Circuit case holding that the waiver of a right to a removal hearing under the Visa Waiver Program must be knowing and voluntary; a Ninth Circuit decision finding that DHS may not unilaterally block a motion to reopen to adjust status by opposing the motion; and the Supreme Court's decision to grant certiorari to examine the standard for granting stays of removal at the courts of appeals.
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