In a letter to Attorney General Holder and two BIA amicus briefs, AILA makes the case:
"Dear Mr. Attorney General: Currently pending before the Board of Immigration Appeals (BIA) are cases raising fundamental interpretative questions about the administration of the immigrant detention system with regard to prolonged detainees. Concurrently with this letter, the American Immigration Lawyers Association (AILA) has filed amicus briefs in those cases as well as an amicus brief in the related case of Matter of Aguilar-Aquino, 24 I&N Dec. 747 (BIA 2009), related to the question of the definition of “custody” under the Immigration & Nationality Act. These two exceptionally important issues impact fundamental values of the constitutionality of our present immigrant detention system and merit your attention. On behalf of AILA, we respectfully request that you decide these cases in published opinions that provide controlling guidance."