Practice Advisory
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
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act. 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
Guerrero-Lasprilla v. Barr: Implications for Judicial Review
This Practice Advisory helps immigration attorneys who file petitions for review to challenge removal orders in the circuit courts. 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
Raids Response Materials for Individuals with Final Removal Orders
These template materials will assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. 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
Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization. Read More
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