Amicus Briefs
Council Submits Amicus Brief on Insufficiency of Notice in Migrant Protection Protocols Proceedings
The brief argues that DHS’ service practices for MPP tear sheets deny respondents their statutory right to notice of the time and place of their removal proceedings, their statutory right to a full and fair hearing, and, consequently, due process of law. 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
Council Files Amicus Brief Supporting the Release of Individuals from Immigration Detention During the COVID-19 Pandemic
The American Immigration Council filed this amicus curiae brief in support of individuals who sought release from detention due to their significant risk of infection from COVID-19. Read More
Las Americas Immigrant Advocacy Center v. Wolf
The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American Civil Liberties Union (ACLU) of Texas, the ACLU Immigrants’ Rights Project, and ACLU of the District of Columbia. The amicus brief urges the… Read More
United States v. Hernandez-Becerra – Ninth Circuit
In this case, the Federal Defenders of San Diego argue that the court should have conducted a deeper inquiry into the voluntariness of a guilty plea offered by 18-year-old Claudia Hernandez-Becerra because she spent three days detained in an “hielera” before her arraignment for entering the United States without permission. Read More
ACLU v. DHS – Ninth Circuit
The American Immigration Council and the Immigrants’ Rights and Human Trafficking Program and Boston University School of Law filed an amicus brief in ACLU v. DHS, a Freedom of Information Act (FOIA) lawsuit before the Ninth Circuit Court of Appeals. In ACLU v. DHS, the ACLU asks the Court to… Read More
Matter of Negusie
In Matter of Negusie, former Attorney General Jeff Sessions referred to himself the question of whether coercion and duress are relevant to the application of the immigration statute’s persecutor bar for individuals seeking asylum or withholding of removal Read More
Matter of L-A-B-R-
This amicus brief discusses how Sessions’ public statements indicate prejudgment about the use of continuances and explains how Sessions’ use of the referral authority suggests that he is choosing to refer cases to himself to achieve predetermined political and policymaking goals. Read More
Matter of Castro-Tum
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system. Read More
Guerra v. Shanahan – Second Circuit
The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Guerra v. Shanahan. The amicus brief argued that the pre-final order detention statute, 8 U.S.C. § 1226, governed the Petitioner’s detention pending his withholding-only proceedings, and therefore he should not be subject to… Read More
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