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Federal Court Review

Equal Access to Justice Act (EAJA) Fee Application

This Practice Advisory addresses the deadline for filing an Equal Access to Justice Act (EAJA) fee application, the statutory requirements for eligibility, and procedural aspects of filing an application, including documenting and calculating fees.

Published On: Monday, December 8, 2008 | Download File

Electronic Filing and Access to Electronic Federal Court Documents

This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The advisory discusses restrictions on electronic access to court documents in immigration cases.

Published On: Monday, April 13, 2009 | Download File

Return to the United States after Prevailing on a Petition for Review

This Practice Advisory contains practical and legal suggestions for attorneys representing clients who have prevailed on a petition for review or other legal action and who are outside of the United States.

Published On: Thursday, May 28, 2009 | Download File

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

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

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

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

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

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