Immigration Benefits and Relief

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June 24, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s

April 25, 2011

Washington D.C. - Tomorrow, Tuesday, July 26, the House Judiciary Subcommittee on Immigration Policy and Enforcement will hold a hearing on the “Hinder the Administration’s Legaliz

Publication Date: 
December 2, 2010
Each year, tens of thousands of undocumented immigrant students graduate from American high schools and embark on uncertain futures. Their inability to legally work and receive financial aid stalls...
December 1, 2010

In a new report, the Center for Immigration Studies (CIS) paints a misleading financial portrait of the DREAM Act.

Publication Date: 
December 1, 2010
On June 30, 2010, the Deputy Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, issued a memo to the agency that reflected the Obama administration’s oft repeated intent...
March 31, 2010
There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts.
February 12, 2010

Asylum applicants and their attorneys have long struggled to better understand how the employment authorization asylum clock (“EAD asylum clock”) functions. The clock, which measures the number of...

December 26, 2008

This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.

September 3, 2008
Following DHS's adoption of an interim regulation that gave USCIS jurisdiction over the adjustment application of an "arriving alien" in removal proceedings, the Council filed amicus briefs with the BIA and Federal Courts challenging the BIA's general refusal to reopen removal proceedings so that an "arriving alien" with an unexecuted final order could adjust with USCIS. The BIA rejected our arguments in Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). Meanwhile, however, USCIS made clear that it retained jurisdiction over these cases despite the final order.
April 20, 2005
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.

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