Law

AIC/AILA Litigation Institute

Leesburg, VA; October 8-10, 2010

Released on Mon, Jul 19, 2010

Strengthen your litigation skills in Leesburg, Va., this fall, via our hands-on, educational format! Now more than ever immigration lawyers need to be equipped to litigate issues on behalf of their clients. This Institute will enable both neophytes and experienced practitioners to acquire new skills, to practice their technique, and to become confident and knowledgeable about litigation in immigration court and in the federal courts. Please see http://www.aila.org/li for registration information.

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Litigation Clearinghouse Newsletter Vol. 5, No. 4

This issue covers the Supreme Court's favorable decision in an aggravated felony case, a legal challenge to the H-1B/Neufeld Memo on the employer-employee relationship, EOIR resources on BIA precedents, a court of appeals decision vacating a BIA precedent on the finality of a conviction, updates on the suits challenging Arizona's immigration law (SB 1070), and LAC litigation on access to courts, motions to reopen, and the Child Status Protection Act.

Published On: Friday, June 18, 2010 | Download File

Supreme Court Injects Reason into Immigration Felony Definition

Released on Tue, Jun 15, 2010

On June 14, 2010, the U.S. Supreme Court voted unanimously in Carachuri-Rosendo v. Holder that a lawful permanent resident who is convicted of minor drug possession offenses does not warrant classification as having been convicted of an "aggravated felony." As a result, the Court held that Mr. Carachuri-Rosendo cannot be deported without an opportunity to make a case for why he should be allowed to remain in the United States. Please view the press release directly below, and you can also read about this case on our Supreme Court Update page.

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Litigation Clearinghouse Newsletter Vol. 5, No. 3

This issue covers lawsuits challenging Arizona’s immigration enforcement law SB 1070; two Supreme Court decisions issued this spring involving immigrants; a lawsuit challenging continued detention after the expiration of a detainer; an overview of several “material support” mandamus cases challenging delay in adjudicating adjustment applications, and important reminders from the LAC (including dates and locations for the Council’s litigation and detention meetings at AILA’s Annual Conference, as well as LAC litigation and practice advisory updates).

Published On: Friday, May 21, 2010 | Download File

Supreme Court Decision Protects Right to Immigration Advice

Released on Wed, Mar 31, 2010

The American Immigration Council applauds today's Supreme Court decision on the right to counsel for noncitizens charged with committing a crime. The Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court recognized that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions, and that Congress eliminated from these laws the Attorney General's discretionary authority to cancel removal in meritorious cases. The Court said, "These changes to our immigration law have dramatically raised the stakes of a noncitizen's criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important."

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Litigation Clearinghouse Newsletter Vol. 5, No. 2

This issue covers an upcoming Supreme Court argument on the aggravated felony definition; a decision in a suit challenging a state law regulating verification of employment eligibility; favorable court of appeals asylum decisions; litigation resources, and highlights from the LAC (including litigation involving federal court jurisdiction and the Child Status Protection Act, and advocacy around the asylum clock).

Published On: Wednesday, March 17, 2010 | Download File

Court of Appeals Agrees with the Legal Action Center that USCIS Imposed Arbitrary Requirements for Workers

Released on Thu, Mar 04, 2010

The Ninth Circuit Court of Appeals adopted the arguments of the Legal Action Center (LAC), of the American Immigration Council, that the United States Citizenship and Immigration Services (USCIS) unlawfully imposed extra-regulatory requirements on a petition for a worker of "extraordinary ability" (EB-1).

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New Report on Asylum Work Authorization “Clock” Released

Released on Fri, Feb 12, 2010

Washington, D.C. - Today, Penn State Law’s Center for Immigrants’ Rights and the American Immigration Council’s Legal Action Center released a new study, "Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock." The report examines the laws, policy, and practice of the “Employment Authorization Document (EAD) asylum clock”— a clock which measures the number of days after an applicant files an asylum application before the applicant is eligible for work authorization. The law requires asylum applicants to wait 150 days after filing an application to apply for a work permit and in some instances, permits the government to extend this waiting period by “stopping the clock” for certain incidents caused by the applicant. Nevertheless, the report reveals that applicants often wait much longer than the legally permitted timeframe to receive a work permit.

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Litigation Clearinghouse Newsletter Vol. 5, No. 1

This issue covers the Supreme Court’s recent decision on judicial review of motions to reopen; upcoming BIA oral arguments addressing Brand X and whether the date of adjustment qualifies as the date of admission under INA § 237(a)(2)(A)(i)(I); a BIA decision on portability; a favorable K-2 “age out” decision; and motions to reopen after deportation.

Published On: Monday, January 25, 2010 | Download File

How to File a Petition for Review

Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

Published On: Monday, February 28, 2011 | Download File