Federal Courts/Jurisdiction
Requesting Attorneys’ Fees Under the Equal Access to Justice Act
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions. Read More
Council Submits Amicus Brief on Two-Step Notice Practice to Supreme Court in Niz-Chavez v. Barr
This amicus brief in Niz-Chavez v. Barr urges the Supreme Court to reject the government’s practice of issuing notice of the time and place of a noncitizen’s removal proceedings in multiple documents over time, instead of in the initial Notice to Appear (NTA), as mandated by Congress. Read More
Legal Victory Brings Hope to Asylum Seekers Turned Away at the Border
Asylum seekers got a major win in a lawsuit challenging the Department of Homeland Security’s (DHS) illegal policy of turning back asylum seekers at ports of entry. In Al Otro Lado v. Wolf, a federal judge decided that the case may proceed as a class action. This decision means… Read More
Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory
On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the United States at the southern border. The court’s decisive action could not have come soon enough,… Read More
Supreme Court Limits Court Oversight for Fast-Track Deportations
The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations in federal court. Foreclosing a critical way to challenge these error-prone deportation orders leaves people even more vulnerable to abuse by immigration… Read More
The American Immigration Council Announces Kate Melloy Goettel As Legal Director of Litigation
The American Immigration Council has named experienced attorney and litigator Kate Melloy Goettel to be its legal director of litigation. Read More
Supreme Court Safeguards Federal Court Review of Torture Protections
The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about what happens when certain people seeking protection under the Convention Against Torture are denied protection by the Board… Read More
Supreme Court Makes It Harder for Green Card Holders to Get Relief From Deportation
In a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation. The case, Barton v. Barr, is about who is eligible to apply for a form of… Read More
Standards of Review Applied by the Board of Immigration Appeals
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. Read More
Judge Voids USCIS Asylum Policies Because Ken Cuccinelli Wasn’t Appointed Legally
The Trump administration suffered another blow on Sunday, when a federal judge in Washington D.C. ruled that Ken Cuccinelli was unlawfully appointed to the role of acting director of U.S. Citizenship and Immigration Services (USCIS). The ruling voids two asylum policies Cuccinelli had signed off on. Read More
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