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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.

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  • Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss

    This Practice Advisory outlines arguments to make in response to the government’s arguments that the court should dismiss a mandamus or Administrative Procedure Act case brought to remedy the delayed adjudication of an immigration application.

    Published On: Monday, August 30, 2010 | Download File

  • How to get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

    Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.

    Published On: Wednesday, August 25, 2010 | Download File

  • The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

    The fugitive disentitlement doctrine arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.

    Published On: Thursday, August 19, 2010 | Download File

  • Whom to Sue and Whom to Serve

    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

  • Rescinding an In Absentia Order of Removal

    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