Attorney

Most Recent Practice Advisories

  • Practice Advisories

Reinstatement of Removal

May 23, 2019
This practice advisory provides an overview of the reinstatement statute and implementing regulations, including how the Department of Homeland Security (DHS) issues and executes reinstatement orders.
  • Practice Advisories

Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants

March 15, 2019
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
  • Practice Advisories

Notices to Appear

February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.

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Most Recent Litigation

  • Litigation

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays

This nationwide class action lawsuit challenges systemic delays in providing immigration files.
  • Litigation

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties

As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued.
  • Litigation

U.S. Employer Challenges USCIS "Not a Specialty Occupation" H-1B Petition Denial of Market Research Analyst Job

In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties.

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Most Recent Amicus Briefs

  • Amicus Briefs

United States v. Hernandez-Becerra - Ninth Circuit

April 19, 2019
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.
  • Amicus Briefs

ACLU v. DHS - Ninth Circuit

January 10, 2019

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...

  • Amicus Briefs

Matter of Negusie

December 3, 2018
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

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Most Recent FOIA

  • FOIA

FOIA Requests Seek Data About Immigrant and Nonimmigrant Adjudications

Under the Trump administration, we have seen an uptick in requests for additional information about petitions filed by U.S. employers on behalf of foreign-born workers. We also have seen greater numbers of denials of these petitions. According to the employers and their workers, these trends reflect unlawful adjudications across the board. In response to these changes, the Council filed two Freedom in Information Act requests.
  • FOIA

Board of Immigration Appeals Interpretation of Stay of Removal FOIA Request

With the end of prosecutorial discretion under the Trump administration, noncitizens living in the United States with a removal order face quick,...

  • FOIA

U.S. Customs and Border Protection’s Port of Entry Practices FOIA

The request asks for records related to CBP’s processing of asylum seekers at ports of entry along the U.S. southern border.

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Most Recent Advocacy

  • Advocacy

Inadequate Medical Care at Colorado Immigration Detention Continues

June 11, 2019
New evidence shows the woefully inadequate medical and mental health care in an immigration detention center in Aurora, Colorado. Here are some of the detainees’ experiences we documented:
  • Advocacy

Statement for the House Judiciary Committee on "President Obama's Executive Overreach on Immigration"

December 10, 2014
The statement provides a brief historical overview of presidential authority related to immigration which gives President Obama the authority for his Immigration Accountability Executive Action.
  • Advocacy

How the El Paso Immigration Court Fails to Uphold Due Process

April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

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