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Most Recent Practice Advisories

  • Practice Advisories

Strategies and Considerations in the Wake of Pereira v. Sessions

July 20, 2018
The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear. This practice advisory provides an overview of the Pereira v. Sessions decision and its impact on eligibility for cancellation of removal and post conclusion voluntary departure.
  • Practice Advisories

Administrative Closure Post-Castro-Tum

June 13, 2018
This practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed.
  • Practice Advisories

Motions for a Continuance

March 22, 2018
This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making the motion to advanced issues of jurisdictional bars to appellate review of continuances.

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Most Recent Litigation

  • Litigation

Demanding Answers from ICE and CBP Regarding Their Aggressive Immigration Enforcement Tactics

The American Immigration Council filed a Freedom of Information Act (FOIA) request with ICE and CBP on October 13, 2017, seeking data on enforcement actions and outcomes since January 2016. With this data, the Council will be able to assess who is being targeted for removal and what the consequences are of the current enforcement framework.
  • Litigation

Uncovering the Government’s Internal Family Separation Policies, Guidance, and Data

This lawsuit seeks to compel government agencies to produce documents regarding family separation policies.
  • Litigation

Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council filed a lawsuit under the Freedom of Information Act (FOIA) challenging U.S. Citizenship and...

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Most Recent Amicus Briefs

  • Amicus Briefs

Matter of Castro-Tum

February 19, 2018
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.
  • Amicus Briefs

Guerra v. Shanahan – Second Circuit

September 15, 2015

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-...

  • Amicus Briefs

Crespin v. Evans – Fourth Circuit

October 13, 2017

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...

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Most Recent FOIA

  • FOIA

Detention of Pregnant Women FOIA Request

The requests ask for policies, guidelines, or procedures followed or used by immigration enforcement regarding the treatment of pregnant individuals in custody and any system used to track and monitor pregnant detainees.
  • FOIA

Immigration Judge Performance Quotas FOIA Request

The American Immigration Council and the American Immigration Lawyers Association filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR)—the...

  • FOIA

Family Separation FOIA Request

The requests ask for policies, guidelines, or procedures followed or used by the governmental agencies to address the processing and treatment of families at the U.S.-Mexico border and specifically, the separation of adult family members from minor children and the criminal prosecution of adult family members.

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Most Recent Advocacy

  • Advocacy

Complaint Demands Investigation Into Inadequate Medical and Mental Health Care Condition in Immigration Detention Center

June 4, 2018

The American Immigration Council and the American Immigration Lawyers Association filed an administrative complaint with the Office for Civil Rights and Civil Liberties (CRCL), the Office of the...

  • Advocacy

Statement for Senate Hearing “Strengthening and Reforming America’s Immigration Court System”

April 18, 2018

The American Immigration Council submitted a written statement to the Senate Judiciary Subcommittee on Border Security and Immigration for an April 18, 2018 hearing on “Strengthening and Reforming...

  • Advocacy

Assumption of Risk: Legal Liabilities for Local Governments that Choose to Enforce Federal Immigration Laws

March 7, 2018
This policy document describes the legal liabilities local governments face when they honor ICE requests, known as “detainers,” to hold individuals past the completion of their criminal custody until immigration agents take them into administrative custody.

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