Federal Courts/Jurisdiction
Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician
Washington, D.C. – The American Immigration Council applauds the Administrative Appeals Office’s (AAO) decision to withdraw the Texas Service Center Director’s (TSC) restrictive interpretation in Matter of H-V-P-, a case involving a national interest waiver. The TSC decision would have prevented a specialty care physician (hematology-oncology) from providing medical… Read More
Coalition Urges Supreme Court to Protect President’s Executive Actions on Immigration
Washington, D.C. — A coalition of 224 immigration, civil rights, labor, and social service groups has filed an amicus (“friend of the court”) brief, urging the Supreme Court to review the case, Texas v. U.S., that has blocked some of President Obama’s executive actions on immigration. The filing comes less than a… Read More
Council Urges Prompt Appeal to the Supreme Court of Flawed Fifth Circuit Decision
In a disappointing but unsurprising decision, a divided panel of the Fifth Circuit Court of Appeals today denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s latest deferred action initiatives from being implemented. Read More
Judge Stands Up for Refugee Families, Castigates Government for Policies That Traumatize Children
Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcomed a ruling by U.S. District Judge Dolly Gee that should signal the end of the mass incarceration of children and mothers seeking asylum in the U.S. “After months of negotiations between the plaintiffs and the… Read More
Supreme Court Rebuffs 5th Circuit and Reaffirms the Importance of Federal Court Review
Washington, D.C. – The American Immigration Council and the National Immigration Project of the National Lawyers Guild applaud the Supreme Court’s decision yesterday in Mata v. Lynch. In an 8-1 decision, the Supreme Court overturned the Fifth Circuit Court of Appeals and held that federal courts have authority to review immigration decisions denying… Read More
Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)
Washington, D.C.—Recently, the U.S. Court of Appeals for the Second Circuit issued a precedent decision that will allow a greater number of lawful permanent residents (LPRs) to avoid deportation if they can demonstrate to an immigration judge that their removal will result in extreme hardship to close family members in the… Read More
Department of Justice Seeks Rehearing in United States v. Texas
Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas. In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth Circuit’s preliminary injunction of DAPA and expanded DACA. In this new petition, the federal government specifically… Read More
Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention
Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue is whether the government can keep a noncitizen who is fighting her deportation case locked up for however… Read More
Supreme Court Issues Disappointing Split Decision in United States v. Texas
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 initiatives will stand. The… Read More
These Anti-Immigrant Organizations Are Behind the Effort to Derail Executive Action on Immigration
The tentacles of the modern anti-immigrant movement in the United States extend far and wide, but they emanate from a single source: John Tanton—a white nationalist trying his hardest to ensure that racial and ethnic minorities, fed by immigration and relatively high birth rates, don’t one day outnumber non-Latino… Read More
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