The Council filed amicus briefs in numerous courts of appeals challenging the pre-2005 regulatory bar to adjustment of status for “arriving aliens” in removal proceedings. Several courts accepted our arguments that the regulation violated the adjustment of status statute. Succar v. Ashcroft, 394 F.3d 8 (1st Cir. 2005); Zheng v. Gonzales, 422 F.3d 98 (3d Cir. 2005); Bona v. Ashcroft, 425 F.3d 663 (9th Cir. 2005). Ultimately, DHS withdrew the challenged regulation and replaced it with one providing USCIS with jurisdiction to adjust the status of an “arriving alien” in removal proceedings. 71 Fed. Reg. 27585 (2006). The amicus brief filed in Bona v. Ashcroft is representative of the briefs filed in other circuits.
Published: April 7, 2016
Share:
Related Resources
Amicus Brief to Supreme Court on Judicial Review Over Eligibility Determinations for Certain Forms of Discretionary Relief from Removal
- Border Enforcement
- September 9, 2021
This amicus brief addresses whether 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review over eligibility determinations for certain forms of discretionary relief from removal for non citizens.
Read More
Matter of Castro-Tum
- Asylum
- February 19, 2018
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system.
Read More
Matter of Castillo Angulo - BIA
- Immigration Benefits and Relief
- October 20, 2016
The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute.
Read MoreMap The Impact
Explore immigration data where you live
Our Map the Impact tool has comprehensive coverage of more than 100 data points about immigrants and their contributions in all 50 states and the country overall. It continues to be widely cited in places ranging from Gov. Newsom’s declaration for California’s Immigrant Heritage Month to a Forbes article and PBS’ Two Cents series that targets millennials and Gen Z.
100+
datapoints about immigrants and their contributions
Make a contribution
Make a direct impact on the lives of immigrants.
