Federal Courts/Jurisdiction

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  • Practice Advisories

Litigation for Business Immigration Practitioners

This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.

  • Practice Advisories

Reinstatement of Removal

This practice advisory provides an overview of the reinstatement statute and implementing regulations, including how the Department of Homeland Security (DHS) issues and executes reinstatement orders.

All Federal Courts/Jurisdiction Content

  • Amicus Briefs

Ashcroft v. Abbasi (formerly Turkman v. Ashcroft) – U.S. Supreme Court

Publication Date: 
October 4, 2013
The Council, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), is seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents. In actions brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the government routinely moves to dismiss these cases on a variety of jurisdictional grounds, including by arguing that INA § 242(g) bars the court’s review of damages claims in any case involving removal procedures, and that a remedy under Bivens is not available in immigration-related actions. In essence, the government is attempting to deprive those who have been harmed by immigration agents of any remedy in federal court.
  • Press Release

First Circuit Holds That Immigrants Can Pursue Cases From Outside the United States

October 1, 2013

Washington, D.C. - Last week, the First Circuit Court of Appeals held that individuals who have been depor

  • Press Release

ICE Agrees to Release Thousands of Previously-Withheld Records

August 2, 2013

Washington, DC – Yesterday, a U.S.

  • Press Release

Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges

June 6, 2013

Washington, DC - The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immig

  • Fact Sheet

Background on Judicial Review of Immigration Decisions

Publication Date: 
June 1, 2013

“Judicial review” refers to federal court review of an immigration agency decision. Some individuals whose immigration benefits applications are denied or who are ordered removed from the United...

  • Press Release

Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues

May 3, 2013

Washington, D.C.—Last week, the Supreme Court issued a decision in

  • Practice Advisories

The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

Publication Date: 
April 29, 2013
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.
  • Press Release

Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling

April 23, 2013

For Immediate Release

  • Press Release

Federal Judge Orders USCIS to Release Records on Access to Counsel

November 29, 2012

This week, a federal district court issued an opinion highly critical

  • Press Release

LAC Wins Release of H-1B Fraud Documents for AILA

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

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