Federal Courts/Jurisdiction
New Lawsuit Challenges Preliminary Injunction in United States v. Texas
In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative and the launch of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction effectively halted implementation of… Read More
Government Sued For Withholding Records on Immigration Raids
The Department of Homeland Security (DHS) is continuing to defend the controversial “Operation Border Guardian” program that took more than 100 Central American women and children from their homes in two days of immigration raids last January. According to a lawsuit filed this week by the Southern Poverty Law… Read More
Fifth Circuit Finds Motions to Reopen Can Be Equitably Tolled
The decision strongly reaffirms the importance of immigrants’ statutory right to file a motion to reopen, a procedural protection meant to ensure a proper and lawful outcome in an immigration proceeding. Read More
Supreme Court Issues Disappointing Split Decision in United States v. Texas
Washington D.C. – Today, the Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). This means that the Fifth Circuit’s decision upholding the preliminary injunction against these… Read More
Lawsuit Seeks to Shed Light on Customs and Border Protection’s Complaint Process
Washington D.C. – The American Immigration Council (Immigration Council), represented by Drinker Biddle & Reath LLP, today filed a lawsuit under the Freedom of Information Act (FOIA) to compel the release of additional documents related to the complaints process at United States Customs and Border Protection (CBP). Through this suit, the Immigration Council… Read More
Court Rejects Government Attempt to Redact Names of Immigration Judges
This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of complaints filed against immigration judges. To date, the government has refused to turn over the names, locations, and genders… Read More
Background on Judicial Review of Immigration Decisions
“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 States may seek judicial review. However, the immigration law contains many technical barriers to accessing the federal courts, including inflexible restrictions on… Read More
Court Rules that Individuals Seeking Protection Must Have Bond Hearing
The Second Circuit Court of Appeals in New York issued an important decision in July recognizing certain noncitizens’ right to a bond hearing before an immigration judge. It was a victory not only for the petitioner, a Guatemalan man seeking protection in the United States, but also will likely… Read More
FOIA Documents Reveal Government Always Knew Flores Settlement Applies to All Children
The Ninth Circuit Court of Appeals recently ruled that the 1997 settlement in Flores v. Reno—which governs the detention, treatment and release of immigrant children—covers both unaccompanied and accompanied minors. This was a direct repudiation of the position the government took while defending its family detention policies in… Read More
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