DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
NILA, AIC PRACTICE ADVISORY, September 22, 2021
"The Administrative Procedure Act (APA) is a federal statute that regulates federal agency action in a number of ways. Relevant here, the judicial review provisions of the APA, 5 U.S.C. § 701, et seq., provide a means for an individual—including noncitizens—or an employer to challenge unlawful decisions or action by immigration agencies in cases outside of the removal context. This practice advisory addresses the basic requirements for an APA suit, with a focus on challenging the unlawful denial of immigration benefits, particularly by U.S. Citizenship and Immigration Services (USCIS). The advisory does not address in any detail the use of the APA to challenge delayed agency action, 2 or the APA provisions relating to the promulgation of agency regulations and the standards for challenging regulations."
Copyright (c) 2021, National Immigration Litigation Alliance (NILA) and the American Immigration Council (AIC); republished with permission. This Practice Advisory is intended for lawyers and is not a substitute for independent legal advice supplied by a lawyer familiar with a client’s case. The author of this practice advisory is Mary Kenney, Deputy Director, NILA. Special thanks to Tiffany Lieu, former NILA staff attorney, for her assistance.