Amicus Briefs

Amicus Briefs

<em>ACLU v. DHS</em> - Ninth Circuit

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

<em>Matter of Negusie</em>

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

<em>Matter of L-A-B-R-</em>

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

<em>Matter of Castro-Tum</em>

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

<em>Guerra v. Shanahan</em> – Second Circuit

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

<em>Crespin v. Evans</em> – Fourth Circuit

Crespin v. Evans – Fourth Circuit

The American Immigration Council, in collaboration with the American Immigration Lawyers Association, filed an amicus brief in Crespin v. Evans.  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

Ferino-Sanchez v. Sessions — Fourth Circuit

Ferino-Sanchez v. Sessions — Fourth Circuit

This amicus brief arguing that any Fourth Amendment violation by state and local law enforcement officers — not just egregious Fourth Amendments violations — should require the suppression of evidence in immigration court proceedings, which is the same standard that applies in the criminal justice arena. Read More

USCIS Should Accept Provisional Degree Certificate as Proof Degree Was Received for Advanced Degree Professionals

USCIS Should Accept Provisional Degree Certificate as Proof Degree Was Received for Advanced Degree Professionals

The Council filed an amicus brief in a case pending before the Administrative Appeals Office (AAO), an administrative body at U.S. Citizenship and Immigration Services (USCIS) that reviews denials of most employment-based visa petitions. Read More

Jennings v. Rodriguez - Ninth Circuit

Jennings v. Rodriguez – Ninth Circuit

The American Immigration Council, in collaboration with the American Immigration Law Association, filed an amicus brief in the case Jennings v. Rodriguez, calling for the Court to overturn Demore v. Kim and end mandatory detention. Read More

<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

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