American Immigration Council (Council) and the National Immigration Project, Jan. 17, 2025 "A stay of removal prevents the Department of Homeland Security (DHS) from executing a final order of removal...
Texas v. USA "This is the latest chapter in the long-running litigation challenging the Deferred Action for Childhood Arrivals program, commonly known as DACA. In 2021, a district court held that...
Matter of Arciniegas-Patino Where parties were properly served with electronic notice of the briefing schedule, a representative’s failure to diligently monitor the inbox, including the spam folder...
This document is scheduled to be published in the Federal Register on 01/17/2025 "The United States supports the human rights and fundamental freedoms of the residents of Hong Kong. The People's...
Alan Lee, Jan. 16, 2025 "USCIS’s second part of the H-1B proposed regulations, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...
NILA Practice Advisory, May 17, 2024
"Noncitizens and their attorneys are experiencing record-breaking delays in the adjudication of benefit applications by U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS). As processing times for most, if not all, applications stretch into years, attorneys increasingly are challenging these delays in U.S. district courts. As a result, there have been dozens of district court decisions—and a handful of court of appeals decisions—in recent years addressing immigration delay suits brought under the Mandamus Act, 28 U.S.C. § 1361, and/or the Administrative Procedure Act (APA), 5 U.S.C. § 706(1). This practice advisory analyzes trends from decisions issued only since 2021, focusing primarily on decisions from the courts of appeals and reported district court decisions.2 It is not a complete survey of cases since most district court decisions are unreported. Note that some of the referenced district court cases may be on appeal. Consequently, attorneys contemplating a delay lawsuit should independently research decisions within their jurisdiction."