Practice Advisories |
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.
Prosecutorial Discretion: How to Get DHS to Act in Favor of Your Client
This Practice Advisory explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE and USCIS officers.
Published On: Tuesday, November 30, 2010 | Download File
Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss
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.
Published On: Monday, August 30, 2010 | Download File
How to get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application
This Practice Advisory discusses the nuts and bolts of how to circumvent agency delay in naturalization cases and get immediate federal court review, when CIS fails to make a decision within 120 days of the naturalization interview.
Published On: Wednesday, August 25, 2010 | Download File
The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review
This Practice Advisory examines how DHS invokes the fugitive disentitlement doctrine to deny FOIA requests and how courts apply the doctrine to dismiss petitions for review. The advisory provides arguments to challenge the doctrine in both contexts.
Published On: Thursday, August 19, 2010 | Download File
Whom to Sue and Whom to Serve
This updated Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court.
Published On: Thursday, May 13, 2010 | Download File
