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.  

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All Federal Courts/Jurisdiction Content

November 6, 2015

Last Tuesday, the Supreme Court heard oral arguments in Torres v. Lynch, a case that provides a harsh reminder of the real life consequences of our unforgiving immigration laws. The petitioner in...

October 21, 2015

Washington D.C. - Immigrant rights groups today filed Freedom of Information Act (FOIA) litigation to compel the

July 25, 2015

Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcomed a ruling by U.S.

June 4, 2015

Earlier this week, the Supreme Court determined that the mere possession of a sock did not constitute a deportable offense in Mellouli v. Lynch. This unsurprising pronouncement serves as a first...

April 30, 2015

Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration...

March 1, 2015
By statute, noncitizens who have been ordered removed have the right to file one motion to reopen. 8 U.S.C. § 1229a(c)(7)(A). In most cases, these statutory motions to reopen are subject to strict filing deadlines. See 8 U.S.C. §§ 1229a(c)(7)(C)(i), (b)(5)(C)(i). However, as nine courts of appeals have recognized, the deadlines are subject to equitable tolling, a long-recognized principle through which courts can waive the application of certain non-jurisdictional statutes of limitations where a plaintiff was diligent but nonetheless unable to comply with the filing deadline. Several courts have also recognized that the numerical limitation on motions to reopen is subject to tolling. The Council continues to advocate in the remaining courts of appeals for recognition that that the motion to reopen deadlines are subject to equitable tolling and, with the National Immigration Project of the National Lawyers' Guild (NIPNLG), has filed amicus briefs in the Fourth, Fifth and Eleventh Circuits.
January 27, 2015

Washington, D.C.—Recently, the U.S.

January 22, 2015

Washington, D.C.—Recently, the U.S.

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