Waivers and Relief from Deportation

Dream Act of 2017 Introduced With Bipartisanship in the Senate

Dream Act of 2017 Introduced With Bipartisanship in the Senate

The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to citizenship for undocumented immigrant youth who entered the United States before the age of 18. The… Read More

Pentagon May Deport Immigrants Who Have Served in the Military

Pentagon May Deport Immigrants Who Have Served in the Military

The Pentagon is considering halting a program that allows immigrants with urgently needed skills to serve in the military, putting the thousands of soldiers promised expedited citizenship in exchange for their service at risk for deportation. According to an undated Defense Department memo, the Pentagon may terminate the Military… Read More

Circuit Judge Says “Even the Good Hombres Are Not Safe”

Circuit Judge Says “Even the Good Hombres Are Not Safe”

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is exercising in deportation decisions. Judge Stephen Reinhardt, in a concurrence, concluded that instead of focusing on the “bad hombres,” the… Read More

Challenges for Visa Waiver Program Overstays

Challenges for Visa Waiver Program Overstays

A young DACA recipient named Daniela Vargas was detained in Mississippi by Immigration and Customs Enforcement (ICE) after speaking out earlier this month about her fear of being deported under the Trump Administration’s immigration policies. Officials arrested Daniela immediately after she spoke at a press conference organized by the… Read More

Voluntary Departure Rule: Q&A

Voluntary Departure Rule: Q&A

This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.

<em>Matter of Castillo Angulo</em> - BIA

Matter of Castillo Angulo – BIA

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 More

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD. Read More

Inspection and Entry at a Port of Entry: When is there an Admission?

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

Rescinding an In Absentia Order of Removal

Rescinding an In Absentia Order of Removal

There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts. Read More

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

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

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