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AILA helps challenge Fifth Circuit on exhaustion

Here is a link to the AILA amicus brief challenging the Fifth Circuit's 'questionable [and] controversial interpretation of 8 U.S.C. 1252(d).' This is a pro bono case I've been working on for some time, and I'm very grateful to AILA and briefers Nick Chavez, Mark Barr, Ben Casper...

USA files amicus brief in Fifth Circuit: Villas at Parkside Partners v. Farmers Branch

No. 10-10751, filed Dec. 13, 2011 : "The United States respectfully files this brief in response to the Court’s invitation to participate as amicus curiae. The Constitution and the Immigration and Nationality Act vest in the National Government the exclusive authority to regulate immigration...

AILA Files Supreme Court Amicus Brief in Arizona Case

" AILA amicus brief filed with the U.S. Supreme Court in Arizona v. United States , the Arizona SB 1070 litigation. The brief details the effects of Sections 2 and 6, which conflict with and pose obstacles to the federal immigration scheme established by Congress. AILA Doc. No. 12032753."...

Padilla Retroactivity Supreme Court Amicus Brief - Case Examples Needed

Stephen W. Manning writes: "AILA's Amicus Committee seeks case examples for a brief to be filed at the Supreme Court in Chaidez v. United States . In Chaidez, the Court will address whether its decision in Padilla v. Kentucky may be applied retroactively. Padilla acknowledged a settled duty...

CA9 Amicus Brief on Expedited Removal for Canadians

Greg Boos writes: "As per the attached my Amicus Brief has been accepted in the expedited removal case before the 9th Circuit. A copy of the brief is attached. Please feel free to publish or distribute via e-media. Oral argument is set for August 26." United States Court of Appeals for the...

Advocates File Supreme Court Amicus Brief in CODV Case

"This brief respectfully emphasizes to the Court that a ruling reversing the Court of Appeals based on a broad reading of “misdemeanor crime of domestic violence” could have profound effects on immigration law. These include the unintended consequences of hurting immigrant domestic violence...

Supreme Court Amicus Briefs Filed in 212(c) Cert. Pet. - Acebo-Leyva v. Holder

"On Monday, twenty-six law professors from around the country urged the United States Supreme Court to grant certiorari to resolve crucial questions of how lower courts should analyze the retroactive application of immigration laws. The amicus brief was co-authored by the Immigration Law Clinic...

Law Profs Weigh In on Consular Non-Reviewability Lawsuit: Cardenas v. USA

"This brief is submitted to help the court understand the origins, nature, and limits of the so-called doctrine of consular non-reviewability. ... The doctrine of consular non-reviewability has never had a cogent justification. To the contrary, Supreme Court case law allows for significant, if not...

Law Profs Weigh In on Georgia DACA Tuition Lawsuit

"In a nutshell, DACA recipients who can meet the durational requirement while in DACA status are clearly qualified to receive resident tuition status. It is not federal law that grants them this eligibility, but Georgia law and policy on their face. We urge the Court to order their eligibility,...

AILA Weighs In On Detention Cases

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...

AILA Files CA9 Amicus Brief in Consular Non-Reviewability Case

"This brief presents a collection of case examples that AILA has compiled from attorneys whose clients have been denied visas based on decisions untethered to facially legitimate or bona fide reasons. Through these stories, AILA seeks to illustrate that the issues presented in the instant appeal...

Wa. State Attorney General Takes Action to Support Legal Representation for Children in Deportation Hearings

"Attorney General Bob Ferguson yesterday asked the U.S. District Court in Seattle, Wash. for permission to file an amicus, or “friend of the court,” brief in the J.E.F.M. v. Holder lawsuit. Ferguson believes that unaccompanied immigrant children — children under the age of 18 who...

Twelve States and D.C. Support Executive Action on Immigration, File Amicus Brief in Texas v. USA

"Washington State Attorney General Ferguson spearheads legal brief in support of Obama Administration’s action on immigration “Friend-of-court” brief joined by 11 other states and the District of Columbia SEATTLE — Attorney General Bob Ferguson today announced the...

Big Data, Bad Data: Resolving the Tyranny of the Database (William Stock)

"This term, the Supreme Court is considering a case [ Kerry v. Din ] that implicates the doctrine of “consular non-reviewability”–the legal principle that generally, courts in the United States will not review the discretionary decisions of American consular officers if they deny...

Public Records Show CBP-Created 'Statements' Not Reliable - AILA Amicus Brief

"AILA filed an amicus brief in a case arising from an asylum grant in Artesia. The DHS appealed the grant arguing that the respondent was not credible because her merits testimony contradicted prior border statements and credible fear statements. AILA took the position that the BIA should adopt...

BIA Will No Longer Solicit Amicus Briefs From FAIR

"The federal board charged with reviewing immigration court appeals will no longer request legal briefs from an anti-immigrant hate group to consider in its rulings – a decision that comes shortly after the SPLC and other groups urged the board to stop providing this platform to the Federation...

BIA Amicus Invitation re Jeune v. A.G. (CA3 2007)(Due Sept. 25, 2015)

Amicus Invitation No. 15-08-26 AMICUS INVITATION (Jeune v. Att’y Gen. of the U.S., 476 F.3d 199 (3d Cir. 2007)), DUE SEPTEMBER 25, 2015 AUGUST 26, 2015: The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ...

BIA Invites Amicus Briefs on Francisco-Alonzo, 'Ordinary Case' Methodology

SEPTEMBER 28, 2015 - Amicus Invitation No. 15-09-28, DUE OCTOBER 28, 2015 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: 1) What effect, if any, does the Supreme Court’s decision...

BIA Invites Amicus Briefs on False Statements

Amicus Invitation No. 15-11-10, Nov. 10, 2015 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: 1) In determining whether an offense constitutes an aggravated felony under section 101(a)(43)...

BIA Calls for Amicus Briefs on Family as Particular Social Group - Deadline Feb. 10, 2016

BIA, Jan. 11, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED: (1) Where an asylum applicant has demonstrated persecution because of his or her membership in a particular social group...

BIA Amicus Invitation Reset to March 7, 2016

USDOJ-EOIR-BIA, Feb. 4, 2016 Amicus Invitation Reset Amicus Invitation No. 16-01-11 AMICUS INVITATION ( Family as a Particular Social Group ), DUE March 7, 2016

BIA Amicus Invitation; U Nonimmigrant Status - Due April 18, 2016

Amicus Invitation No. 16-03-1, posted Mar. 17, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED: 1) Does the present respondent remain in valid U nonimmigrant status at this time? ...

BIA Amicus Brief Invitation: Commitment to Mental Health Facility (Due July 21, 2016)

BIA, June 21, 2016 - "Amicus Invitation No. 16-06-21 AMICUS INVITATION (COMMITMENT TO MENTAL HEALTH FACILITY), DUE JULY 21, 2016 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ISSUES PRESENTED: 1) Is...

BIA Amicus Brief Invitation: Duress Exception to Persecutor Bar (Due Sept. 7, 2016)

BIA, Aug. 8, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ISSUES PRESENTED: 1) Whether an involuntariness or duress exception exists to limit the application of the persecutor bar in sections 208...

BIA Amicus Invitation No. 16-09-19,“Wave Through” Entry

BIA, Sept. 19, 2016 - "AMICUS INVITATION (“Wave Through” Entry), DUE OCTOBER 19, 2016 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: (1) Whether a “wave through” entry...