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The LAC Docket | Volume I, Issue 2

The Newsletter of the American Immigration Council’s Legal Action Center

March 1, 2011
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OUR WORK

Access to Courts

Federal appeals court rejects jurisdictional bar to post-departure motions to reopen
Pruidze v. Holder, No. 09-3836 (6th Cir. 2011)

In early February, the U.S. Court of Appeals for the Sixth Circuit rejected the government’s long-held position that immigration courts lack “jurisdiction” to consider motions to reopen filed by noncitizens who have already left the country. The unanimous decision agrees with the position of the Legal Action Center (LAC) and the National Immigration Project of the National Lawyers Guild (NIP), which contended in an amicus brief that the decades-old regulation underlying the government’s argument has been superseded by more recent changes to the Immigration and Nationality Act (INA). (See press release.) The Sixth Circuit thus became the fourth court to strike down or question the validity of the regulation, which only the Tenth Circuit has expressly found to be consistent with the motion to reopen statute.Read more...

GOP is killing itself with bogus talk of death panels

Published on Sat, Aug 15, 2009

The health care reform bill's so-called "death panels" are, of course, nothing but a ridiculous fabrication by Republican fear mongers.

Published in the NY Local Daily News

Jurisdictional Bars Under the INA

District Court Jurisdiction over Non-Removal Cases | Review of Mixed Questions of Law and Fact
Review of Sua Sponte Motions to Reopen
| Resources

District Court Jurisdiction over Non-Removal Cases

The Legal Action Center (LAC) urges a narrow interpretation of the statutory bars to review of discretionary issues in district court cases where discretionary relief may have been sought, but the cases themselves present legal or constitutional issues. This situation arises when, for example, a noncitizen seeks district court review of USCIS’s denial of an application for adjustment of status on non-discretionary grounds. This issue has become increasingly important as more noncitizens seek review of erroneous USCIS denials of applications for immigration benefits.

The LAC maintains that district courts do have jurisdiction over these cases and can review them under the Administrative Procedures Act. We argue that the bar to review of discretionary judgments found in INA § 242(a)(2)(B)(i) is inapplicable to a court’s review of non-discretionary statutory eligibility for an immigration benefit. We also argue that INA § 242(a)(2)(D) does not limit the jurisdiction of a district court to review constitutional and legal issues in a non-removal case.

CASES

Alla Barenboy v. Secretary of DHS et al., No. 10-1802 (3d Cir. amicus brief filed June 7, 2010) (court denied the petition on other grounds in a non-precedential decision).Read more...

American Immigration Council Store

All proceeds from the purchase of books go to the American Immigration Council and its educational initiatives. Scroll down to check out our inventory of signed copies of immigration related books.

Price: $20

 

Davy Brown Discovers His Roots

By Keely Alexander and Velani Mynhardt

The American Immigration Council partnered with authors Velani Mynhardt Witthöft and Keely Alexander of Keely Velani LLC and created Davy Brown Discovers His Roots. The colorfully illustrated book tells the story of a young boy and his friends as they discover that everybody has an immigration story, whether their families arrived today or generations ago. The story, which is aimed toward 7-12 year olds, is a great way to introduce the concept of the many ways people come to the United States permanently and temporarily. It is a perfect conversation starter for a family discovering their roots or for a classroom teacher starting a unit on immigration.

Read more...

LAC Issues Practice Advisory on Immigration Cases Implicating DOMA

Released on Mon, Jun 13, 2011

The American Immigration Council’s Legal Action Center (LAC), in conjunction with Immigration Equality, is pleased to announce the release of a new practice advisory: Protecting and Preserving the Rights of LGBT Families: DOMA, Dorman, and Immigration Strategies.

The immigration agencies rely on Section 3 of the Defense of Marriage Act (DOMA), which defines marriage as a union between one man and one woman, in determining whether a marriage is valid for immigration purposes. As a result, lesbian and gay U.S. citizens and permanent residents are barred from successfully petitioning for their spouses. In addition, lesbian and gay noncitizens are precluded from obtaining other immigration benefits, including relief from removal, based on a marriage to a U.S. citizen or permanent resident. Recent developments, however, suggest that DOMA’s days may be numbered. Already, one district court has concluded that Section 3 of DOMA is unconstitutional, and the Obama Administration has decided it no longer will defend the law in federal court challenges.  Read more...

View Release

Litigation Clearinghouse Newsletter Vol. 2, No. 15

This issue 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.

Published On: Wednesday, December 19, 2007 | Download File

Georgia Dumps Peaches for Prisons with Arizona Copycat Immigration Law Today

Published on Fri, May 13, 2011

Will the Peach State now become the Prison State?

When Gov. Nathan Deal signed his state’s punitive HB 87 immigration law at noon today, Georgia took Arizona’s place on the nation’s fast track to penal profiteering from immigration crackdowns.

So much for colonial Georgia founder James Oglethorpe’s legacy, who railed against the British prisons, and launched the Great Seal of Georgia in 1733 with the motto: “Not for ourselves, but for others.”

Georgia’s new motto: “Not less than three nor more than 15 years.”

All civil rights violations aside, Georgia’s Arizona copycat “show me your papers” law not only grants widely denounced authority for unprecedented police investigations, but also calls for unabashed long-term prison sentences for numerous violations.

For starters, read this section of HB 87:

SECTION 5.

Said article of said title is further amended by revising Code Section 16-9-126, relating to penalties for violations, as follows: “16-9-126.

(a) A violation of this article, other than a violation of Code Section 16-9-121.1 or 16-9-122, shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both.

(a.1) A violation of Code Section 16-9-121.1 shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000.00, or both, and such sentence shall run consecutively to any other sentence which the person has received.Read more...

Published in the AlterNet

"Ni Hao" from Hilary Xu

December, 2008
Hilary Xu

The Exchange Visitor Program is pleased to announce Hilary Xu as December's Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...

Study finds Mexican immigration to the U.S. on the decline

Published on Thu, Aug 18, 2011

As election season nears, immigration will undoubtedly be cast into the national spotlight as a hot-button campaign issue for many candidates. But as public officials make broad statements about U.S. immigration policy — widely acknowledged to be a broken system — a new study shows that the reality of immigration may be far different from what the political rhetoric implies.

A new study from the Pew Hispanic Center and the RAND Corporation focusing on Mexican migration patterns into the U.S. shows that immigration from Mexico has waned in recent years, and that fewer Mexicans are leaving for the U.S. “The number of Mexicans annually leaving Mexico for the U.S. declined from more than one million in 2006 to 404,000 in 2010 – a 60% reduction,” the report states.

However, while Mexican immigration to the U.S. declined over the past decade, the study also shows that the Mexican-American population grew rapidly. From 2000 to 2010, births increased the Mexican-American population by 7.2 million, while immigration increased it by 4.2 million. The decade marked a turnaround from the previous two decades, when the number of new immigrants outpaced the number of births in the Mexican-American community.

What’s the impetus for such a shift? The report explains:

On the U.S. side, declining job opportunities and increased border enforcement may have made the U.S. less attractive to potential Mexican immigrants. And in Mexico, recent strong economic growth may have reduced the “push” factors that often lead Mexicans to emigrate to the U.S.Read more...

Published in the PBS

Appreciating America's Heritage: 2007 Edition

The American Immigration Law Foundation (AILF) is pleased to present the 2007 edition of "Appreciating America's Heritage" Teacher Resource Guide. First and foremost, this latest edition continues to keep the needs of classroom teachers in mind provides new and innovative lesson plans which can be implemented in any classroom, and book reviews for literature-based lessons or to support research. All materials included in these pages have been created by fellow educators who either serve as members of our Teacher Advisory Board, or by educators that have been
awarded AILF classroom grants.

View the 2007 "Appreciating America's Heritage" Teacher Resource Guide