Due Process

Co-Counseling Business Cases: Continuing the fight against the culture of “no” in agency decision-making, the Council has prioritized federal court actions challenging USCIS denials of H-1B, L-1A and L-1B petitions. AILA members whose cases fall within our Screening Criteriashould submit the Co-Counsel Request Form, along with a scanned copy of the denial, to the Council’s Business Litigation Fellow, Leslie Dellon, at ldellon@immcouncil.orgRead more…

Preserving Federal Court Review Over Visa Petition Revocation ProceduresIn December, the Council, in collaboration with AILA, submitted an amicus brief urging the Second Circuit Court of Appeals to find that a district court has jurisdiction to review the procedure followed by USCIS when it revokes an employment-based visa petition. Read more…

Appointed Counsel for Children in Immigration Proceedings: The Council, in collaboration with the American Civil Liberties Union (ACLU), Northwest Immigrant Rights Project (NWIRP), Public Counsel, and K&L Gates LLP, continues to litigate a nationwide class action lawsuit on behalf of thousands of unrepresented children  challenging the federal government’s failure to provide them with counsel in their deportation hearings.  Read more…

Demanding Consistency in Immigration Decision Making: In December, the Council submitted an amicus brief supporting the Petitioner’s request for rehearing in Torres-Valdivias v. Holder, 766 F.3d 1106 (9th Cir. 2014). In this case, the Ninth Circuit Court of Appeals affirmed an unpublished BIA decision that applied a new and stricter standard to guide the exercise of discretion in an application for adjustment of status pursuant to INA § 245(i). Read more…

New Synopsis of CBP Documents Addressing Access to Counsel: The Council’s fact sheet, CBP Restrictions on Access to Counsel, provides a summary of CBP policies related to access to counsel, based on documents obtained through a FOIA request. Read more…


Paths to Legal Status

Defending Against Legal Challenges to Deferred Action: In December, the Council, in collaboration with other immigration, civil rights and labor groups, filed an amicus brief in State of Texas, et al. v. United States, No. 1:14-cv-00254 (S.D.Tex. amicus brief filed Dec. 29, 2014), opposing the plaintiff states’ request for a preliminary injunction against the administration’s new deferred action initiatives. Read more…

Other Deferred Action Developments: Within days of the President’s November 20th announcement, the Council participated on free and widely attended webinars for legal service providers and consular officials, published a practice advisory on preventing the removal of individuals eligible for expanded DACA or DAPA, and trained community organizers on educating and serving immigrants without engaging in the unauthorized practice of law. Read more…

TPS As “Admission” for Purposes of Adjustment of Status: The Council continues to advance a path to legal status for the many thousands of Temporary Protected Status (TPS) recipients who are “immediate relatives” and would be eligible to adjust status but for having originally entered the country without inspection.  Read more…

Broad Interpretation of 212(h) Hardship Waiver: Joining seven other courts of appeals, the Second Circuit recently held, in Husic v. Holder, that the § 212(h) aggravated felony bar does not apply to LPRs who gained their status through an adjustment of status subsequent to their admission into the U. Read more…


Enforcement

Federal Court Refuses to Dismiss Case of U.S. Citizen Girl Who Was Wrongfully Deported: In a decision issued on September 18, 2014, the U.S. District Court for the Eastern District of New York denied the government’s motion to dismiss the complaint in Leonel Ruiz o/b/o E.R. v. U.S., No. 1:13-cv-01241. Read more…

FOIA Litigation on Use of Expedited Removal against Families with Children: In October, the Council, along with the National Immigration Project of the National Lawyers Guild, the American Civil Liberties Union and co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act (FOIA) to compel the release of government documents regarding the use of expedited removal against families with children. Read more…