Immigration Courts
Immigration courts play a crucial role in ensuring that immigration laws are applied fairly and consistently, providing due process to those facing removal. Learn more about issues facing the courts today and explore the actions we're taking to ensure the rights of immigrants are upheld and legal integrity is maintained.
Dent v. Holder and Strategies for Obtaining Documents During Removal Proceedings
This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process. Read More
Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues
This Practice Advisory discusses the “departure bar” to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.
Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD). Read More
How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case
This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.
Inspection and Entry at a Port of Entry: When is there an Admission?
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status. Read More
Motions to Suppress in Removal Proceedings: A General Overview
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law. Read More
Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law. Read More
Return to the United States After Prevailing on a Petition for Review or Motion to Reopen
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals. Read More
Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court. Read More
DHS and Immigration Courts Sued Over One-Year Asylum Deadline
Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who misses this deadline becomes ineligible for asylum. Even though the clock is ticking for these asylum seekers, DHS agents and officers… Read More
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