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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

  • 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

  • Mandamus Actions: Avoiding Dismissal and Proving the Case

    This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.

    Published On: Thursday, August 6, 2009 | Download File

  • The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

    This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

    Published On: Saturday, August 1, 2009 | Download File