Federal Courts/Jurisdiction

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

All Federal Courts/Jurisdiction Content

November 9, 2015
Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
October 23, 2013
Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.
June 20, 2013
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.
April 29, 2013
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.
April 29, 2011

This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.

August 1, 2009
This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.
April 13, 2009
This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The Advisory discusses restrictions on electronic access to court documents in immigration cases.
August 5, 2008
The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review.
June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

February 13, 2020

A federal judge in Arizona reversed convictions of four volunteers of the humanitarian aid group No More Deaths last week. No More Deaths is an Arizona-based group that works to end death and...

February 12, 2020

A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully...

January 21, 2020

The Trump administration received an unfortunate victory in the case against their family separation policy. On January 13, 2020, Federal Judge Dana Sabraw sided with the government in a lawsuit...

November 15, 2019

A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones,...

October 17, 2019

A federal court in San Francisco certified two nationwide classes of immigrants and attorneys challenging extreme agency delays in producing immigration case files. Plaintiffs allege that U.S....

October 15, 2019

The Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the...

October 2, 2019

A federal judge on Friday blocked the Trump administration’s attempts to significantly undo the Flores Settlement Agreement, which mandates certain protections for children held in immigration...

September 30, 2019

A federal judge blocked the expansion of a fast-track deportation program, known as “expedited removal,” minutes before the government said it would begin implementing its expansion on September...

August 27, 2019

The Trump administration implemented more drastic changes to the U.S. immigration court system on Monday. A new rule gives the director of the Executive Office for Immigration Review (EOIR)—a...

August 19, 2019

A federal appeals court in California ruled on Thursday that immigrant children must receive edible food, clean water, soap, and toothpaste while being detained by U.S. immigration authorities....

July 1, 2016
The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period.
June 27, 2016
A federal court has granted class-action status to a lawsuit challenging the federal government's failure to provide children in immigration court with lawyers in their deportation hearings. Several thousand children are estimated to be members of the class.
June 27, 2016
A federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.
June 23, 2016

Washington D.C. - Today, the Supreme Court issued a 4-4 decision in United States v.

June 4, 2016
Last week an alliance of immigration advocacy groups represented by the Legal Action Center filed Freedom of Information Act (FOIA) requests with U.S. Customs and Border Protection (CBP).
April 18, 2016

Washington D.C. - Today, the Supreme Court heard oral arguments in United States v. Texas.

April 5, 2016

Washington, D.C.—Last week, the Supreme Court issued a decision in Vartelas v.

April 22, 2020
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.
March 3, 2020

The Trump administration suffered another blow on Sunday, when a federal judge in Washington D.C. ruled that Ken Cuccinelli was unlawfully appointed to the role of acting director of U.S....

March 2, 2020

The Supreme Court affirmed the dismissal of a lawsuit seeking damages from a U.S. Border Patrol agent who shot and killed a teenager across the U.S.-Mexico border. With this latest decision in the...

February 21, 2020

The U.S. Department of Homeland Security (DHS) has been targeting U.S. citizens’ foreign spouses when they apply for legal immigration status. Earlier this month, a federal judge in Maryland put a...

February 20, 2020

A federal court found on Wednesday that U.S. Border Patrol may not detain migrants held in its facilities in Arizona’s Tucson Sector longer than 48 hours without providing for their “basic human...

February 13, 2020

A federal judge in Arizona reversed convictions of four volunteers of the humanitarian aid group No More Deaths last week. No More Deaths is an Arizona-based group that works to end death and...

February 12, 2020

A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully...

January 21, 2020

The Trump administration received an unfortunate victory in the case against their family separation policy. On January 13, 2020, Federal Judge Dana Sabraw sided with the government in a lawsuit...

November 15, 2019

A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones,...

October 17, 2019

A federal court in San Francisco certified two nationwide classes of immigrants and attorneys challenging extreme agency delays in producing immigration case files. Plaintiffs allege that U.S....

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending