Federal Courts/Jurisdiction

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  • Practice Advisories

Litigation for Business Immigration Practitioners

This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.

  • Practice Advisories

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.

All Federal Courts/Jurisdiction Content

  • Blog

Supreme Court Makes It Harder for Green Card Holders to Get Relief From Deportation

April 24, 2020

In a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation. The case, Barton v. Barr,...

  • Blog

Judge Voids USCIS Asylum Policies Because Ken Cuccinelli Wasn’t Appointed Legally

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....

  • Blog

Supreme Court Rules Parents of Slain Teenager Can’t Sue Border Patrol Agent Responsible for His Death

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...

  • Blog

Judge Stops DHS From Arresting US Citizens’ Foreign Spouses During Marriage Interviews in Maryland

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...

  • Blog

How Will Conditions in Border Patrol Facilities Change Now That a Judge Has Ruled Them Unconstitutional?

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...

  • Blog

These Humanitarian Aid Workers’ Convictions Were Overturned. Here’s How It Sets Precedent for Future Protection.

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...

  • Blog

USCIS’ Change to How ‘Unlawful Presence’ Is Calculated Is Defeated in Court

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...

  • Blog

Judge Allows Certain Family Separations at the Border to Continue

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...

  • Blog

Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional

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,...

  • Blog

In Historic Ruling, Thousands of Immigrants Waiting for Their Immigration Records Can Now Challenge Agency Delay

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....

  • Press Release

Supreme Court Hears Oral Arguments in U.S. v. Texas

April 18, 2016

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

  • Press Release

Practice Advisory on Supreme Court’s Favorable Decision in Vartelas v. Holder

April 5, 2016

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

  • Press Release

326 Immigrant Rights Groups Urge Supreme Court to Let Immigration Relief Programs Go Forward

March 8, 2016

WASHINGTON, D.C.

  • Press Release

Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician

February 17, 2016

Washington, D.C.

  • Press Release

Coalition Urges Supreme Court to Protect President’s Executive Actions on Immigration

December 1, 2015

Washington, D.C.

  • Press Release

Immigrant Rights Advocates Sue to Reveal Policies and Procedures at Artesia Family Detention Facility

October 21, 2015

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

  • Press Release

Judge Stands Up for Refugee Families, Castigates Government for Policies That Traumatize Children

July 25, 2015

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

  • Press Release

Supreme Court Rebuffs 5th Circuit and Reaffirms the Importance of Federal Court Review

June 16, 2015

Washington, D.C.

  • Press Release

Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

February 17, 2015
  • Press Release

Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)

January 27, 2015

Washington, D.C.—Recently, the U.S.

  • Blog

The Supreme Court Takes on Enforcement Priorities and Other Immigration Questions in Its 2022 – 2023 Term

November 30, 2022

The Supreme Court will tackle more hot button immigration issues in its 2022 – 2023 term. Front and center is the Biden administration’s effort to set immigration enforcement priorities. But the...

  • Blog

DACA Is Facing a Crisis That the Senate Can No Longer Ignore

October 7, 2022

Written by Jorge Loweree and Raul Pinto of the American Immigration Council More than a decade after the U.S. Department of Homeland Security (DHS) first created the Deferred Action for Childhood...

  • Practice Advisories

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

Publication Date: 
September 14, 2022
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.
  • Press Release

Victory as Groups Settle Lawsuit on Unlawful Detention of Unaccompanied Youth

September 8, 2022
A federal court approved a settlement agreement in a lawsuit challenging the unlawful detention of unaccompanied children who turn 18 in U.S. government custody and are transferred to Immigration and Customs Enforcement detention facilities.
  • Blog

Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program

June 30, 2022

Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in...

  • Press Release

U.S. Supreme Court Allows Biden Administration to End MPP

June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
  • Blog

The Supreme Court Overturning Roe v. Wade Could Have Harmful Ripple Effects for Immigrants

May 13, 2022

Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, which is poised to overturn Roe v. Wade, could have damaging effects to immigrant rights secured through the courts. The...

  • Amicus Briefs

Amicus Brief Argues that Exclusionary Rule in Criminal Proceedings Should Apply to Evidence Related to Identity in Prosecutions for Illegal Reentry

Publication Date: 
March 28, 2022
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices.
  • Blog

How Would Biden’s Supreme Court Nominee Handle Immigration Cases?

March 9, 2022

President Biden has nominated Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the United States Supreme Court. With nearly a decade as a federal judge, Judge Jackson’s...

  • Practice Advisories

Immigration Lawsuits and the APA: The Basics of a District Court Action

Publication Date: 
October 4, 2021
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action.

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