Litigation

Lawsuit Challenges Postponement of the International Entrepreneur Rule
Entrepreneurs, start-up companies and a trade association joined together to oppose the postponement of the International Entrepreneur Rule. Read More

Challenging Customs and Border Protection’s Unlawful Practice of Turning Away Asylum Seekers
Asylum seekers are being illegally turned away by Customs and Border Protection officers. We're suing. Read More

Challenging ICE Interference with Legal Representation at Dilley
This case stems from Immigration and Customs Enforcement's (ICE) decision to bar Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from entering the South Texas Family Residential Center in Dilley, Texas. Read More

Immigrant Rights Groups File Class Action Suit Challenging Trump Administration’s “Muslim Ban”
This intervention is needed to protect the integrity of the United States’ immigrant visa process and the families diligently seeking to reunite with their loved ones. Read More

FOIA Lawsuit Seeking Disclosure of the CBP Officer’s Reference Tool
The Council and its partners filed suit after CBP failed to respond to a 2013 FOIA After the case was filed, CBP disclosed only a handful of documents—primarily, indices of two ORT chapters without any substantive information—and then moved for summary judgment, claiming that it was not required to search for or produce any additional documents. Read More

FOIA Lawsuit on H-1B Lottery Policies and Procedures
On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with Hughes Socol Piers Resnick & Dym, Ltd., filed a lawsuit against USCIS and DHS seeking the public release of records relating to the policies and procedures USCIS follows when administering the annual H-1B random selection process… Read More

Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application
This lawsuit challenged obstacles faced by asylum-seekers in satisfying the statutory requirement that they apply for asylum within one year of entering the United States. Read More

Adjustment of Status Under § 245(i) for Noncitizens Previously Removed
Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported could apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively. Read More

Challenging Unconstitutional Conditions in CBP Detention Facilities
The class-action lawsuit complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution and CBP’s own policies. Read More

Employment Authorization Documents Adjudication Delays
Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS. Read More
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