Due Process and the Courts
Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. Read More
Immigration Lawsuits and the APA: The Basics of a District Court Action
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. Read More
Strategies and Considerations in the Wake of Niz-Chavez v. Garland
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision. Read More
‘Freedom of Information Act and Immigration Agencies
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. Read More
Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case
This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the APA. It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise. Read More
Requesting Attorneys’ Fees Under the Equal Access to Justice Act
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions. Read More
Standards of Review Applied by the Board of Immigration Appeals
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. Read More
Administrative Closure Post-Castro-Tum
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. Read More
Agency Delay Litigation: Opposing a Motion to Dismiss
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response. Read More
Reinstatement of Removal
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. Read More
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