General Litigation & Advocacy Pages
NIJC Recommendations Regarding Implementation of the Prosecutorial Discretion Initiative (submitted Sep. 30, 2011)
This letter to several Administration officials was submitted in response to the DHS/White House announcement on August 18, 2011 that it would form a “Prosecutorial Discretion Working Group” to review pending removal cases and identify low priority cases for administrative closure. The letter urges the government to address some of… Read More
Letter to DHS Secretary Janet Napolitano (submitted Feb. 9, 2012)
This sign-on letter expresses concerns about DHS’s implementation of the new prosecutorial discretion policy, including the agency’s failure to grant work authorization to those who receive a favorable exercise of discretion. The letter also makes recommendations to ensure that DHS fulfills its pledge to implement an effective and fair prosecutorial discretion policy nationwide. Read More
Petition for Rulemaking to Amend Regulations Governing Motions to Reopen and Reconsider Removal Proceedings for Noncitizens Who Depart the United States (submitted Aug. 6, 2010)
The Council submitted a Petition for Rulemaking to the Department of Justice and the Executive Office for Immigration Review, urging the Department to rescind the regulation barring post-departure motions to reopen. Read More
Amicus Letter, urging reconsideration of Compean I (Feb. 6, 2009)
Urging Attorney General Holder to vacate Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), which he later did in Matter of Compean, 25 I&N Dec. 1 (A.G. 2009) Read More
American Immigration Council Synopsis: CBP Restrictions on Access to Counsel
The synopsis provides a summary of CBP policies related to access to counsel, based on documents obtained through the Council’s FOIA request and litigation. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children. Read More
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