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2013

  • Amicus Brief on Not Adopting a Broad Reading of “Misdemeanor Crime of Domestic Violence”(814 KB - 12/27/2013)
    Amicus brief filed by ASISTA, IDP, ILRC, National Immigration Project, and WDA, urging the Supreme Court that a ruling reversing the Court of Appeals based on a broad reading of “misdemeanor crime of domestic violence” could have profound effects on immigration law.
    AILA Doc. No. 13122743.
  • Amicus Practice Pointer: §245(i) Adjustment of Status After Garfias-Rodriguez(791 KB - 12/19/2013)
    AILA Amicus Committee practice pointer on how to successfully advocate for §245(i) adjustment of status after the Ninth Circuit’s holding in Garfias-Rodriguez v. Holder. Special thanks to Stephen Manning and Megan Kent.
    AILA Doc. No. 13121946.
  • Brief of Current and Former Members of Congress as Amici Curiae in CSPA Supreme Court Case(7095 KB - 12/2/2013)
    Amicus brief from a bipartisan coalition of members of Congress who were serving in 2002 when the Child Status Protection Act (CSPA) was passed and seeks to inform the Court that the language used in the CSPA is unambiguous in meaning to protect all derivative-beneficiary children from “aging out.”
    AILA Doc. No. 13120245.
  • AILA Amicus Brief on Past Persecution of LGBT Children(610 KB - 11/26/2013)
    AILA amicus brief file with the Eleventh Circuit, arguing that immigration judges and the BIA should consider the cumulative impact of all harms when assessing persecution in an asylum/withholding case, including the particular vulnerabilities of LGBT children.
    AILA Doc. No. 13112642.
  • Council for Global Immigration BALCA Amicus Brief in Matter of Microsoft Corporation(992 KB - 11/15/2013)
    The Council for Global Immigration (formerly ACIP) amicus brief before BALCA on the CO’s reading of the regulations regarding what is considered a reasonable notification and consideration process for recently separated employees to be notified of job opportunities.
    AILA Doc. No. 13111544.
  • U.S. Chamber of Commerce BALCA Amicus Brief in Matter of Microsoft Corporation(1059 KB - 11/14/2013)
    U.S. Chamber of Commerce amicus brief before BALCA on the requirement that an employer, before hiring an available foreign worker for an open position, “notify and consider” all potentially qualified U.S. workers who have been laid off by the employer within the last six months.
    AILA Doc. No. 13111445.
  • AILA and AIC File BALCA Amicus Brief on Layoff Regulation(989 KB - 11/13/2013)
    AILA and AIC amicus brief urging BALCA to find that 20 C.F.R. §656.17(k)(l) does not require an employer to use a specific procedure to notify laid off employees of a new job opportunity, and that the Certifying Officer’s decision represents a clear departure from DOL’s established decisions.
    AILA Doc. No. 13111348.
  • AIC and AILA Amicus Brief on Child Status Protection Act(596 KB - 11/7/2013)
    AILA and AIC amicus brief, filed with several other organizations, arguing that the government’s narrow interpretation of the Child Status Protection Act (CSPA) is inconsistent with current agency practice and imposes significant hardship on families, in direct contravention of the CSPA’s purpose.
    AILA Doc. No. 13110751.
  • AILA Amicus Brief on When an Order of Removal is Final for Purposes of Judicial Review(488 KB - 10/31/2013)
    AILA amicus brief urging the Ninth Circuit Court of Appeals to grant rehearing in Abdisalan v. Holder to clarify when a final order of removal exists for purposes of filing a petition for review in cases where the BIA denies one immigration benefit and remands for consideration of another.
    AILA Doc. No. 13103159.
  • Call for Examples and OIL Briefs: Cases Impacted by Acosta & Garfias-Rodriguez (10/18/2013)
    The AILA Amicus Committee wants to know if AILA members have a case in the 9th circuit, the 10th circuit, or before the BIA or an immigration court originating in the 9th or 10th circuit, where the noncitizen’s relief is based on the holdings in Acosta and Padilla-Caldera.
    AILA Doc. No. 13101802.
  • AILA Amicus Brief on Asylum and Unaccompanied Alien Children(604 KB - 8/26/2013)
    AILA amicus brief arguing that INA §208(a)(2)(E) permanently exempts from the one-year filing deadline any noncitizen who qualified as an unaccompanied alien child at any time in the one year period after last arrival without regard to the noncitizen’s age at the time of filing for asylum.
    AILA Doc. No. 13082665.
  • Amicus Alert: Ninth Circuit Grants Petition for Review of Reinstated Order of Removal (8/20/2013)
    AILA Amicus Committee alert on Villa-Anguiano v. Holder, providing a summary of the case and takeaway points for practitioners.
    AILA Doc. No. 13082048.
  • AILA Amicus Brief on Asylum and Reinstatement(268 KB - 8/2/2013)
    AILA amicus brief arguing that the reinstatement regulations limiting protection from persecution to withholding of removal, which prevent individuals who are subject to reinstatement from applying for asylum, should be struck down.
    AILA Doc. No. 13080204.
  • AILA Amicus Brief on Standard of Review in Citizenship Cases(571 KB - 7/22/2013)
    AILA amicus brief urging CA9 to grant en banc rehearing of Mondaca-Vega v. Holder, and arguing the Supreme Court requires a de novo review of the record in nationality cases and that its previous decision ignored precedent providing that citizenship claims are subject to elevated scrutiny.
    AILA Doc. No. 13072243.
  • AILA Amicus Brief on Matter of Acosta-Hidalgo(1426 KB - 3/28/2013)
    AILA amicus brief arguing that the BIA should reconsider its decision in Matter of Acosta-Hidalgo and conclude that an IJ may determine prima facie eligibility for naturalization for the purpose of deciding whether to terminate pursuant to 8 C.F.R. §1239.2(f).
    AILA Doc. No. 13032855.
  • AILA Amicus Brief on Asylum Claims by Former Gang Members(196 KB - 3/14/2013)
    AILA amicus brief arguing that the BIA’s sweeping position in an unpublished decision, which held that “former members of a gang in El Salvador” cannot constitute a valid particular social group, is flawed and may have a harsh impact on former child gang members.
    AILA Doc. No. 13031459.
  • AILA Amicus Brief on §212(c) Relief(590 KB - 2/19/2013)
    AILA amicus brief addressing questions posed by the BIA on §212(c) relief, and presenting a framework for evaluating §212(c) claims after the Supreme Court decisions in St. Cyr, Judulang, and Vartelas.
    AILA Doc. No. 13021955.
  • AILA Files Amicus Brief on Mandatory Detention Under INA §236(c)(1077 KB - 2/7/2013)
    AILA amicus brief explaining how the plain language of the mandatory detention provisions in INA §236(c) is intended to operate in light of its statutory history, and arguing that the Third Circuit should not defer to the BIA’s holding in Matter of Rojas.
    AILA Doc. No. 13020744.
  • AIC and AILA File Amicus Brief on Mental Competency in Removal Proceedings(6537 KB - 1/22/2013)
    AIC and AILA amicus brief, filed with several other organizations, describing the safeguards that DHS and DOJ should adopt to protect the rights of individuals who are not mentally competent when DHS institutes removal proceedings.
    AILA Doc. No. 13012247.
  • AILA Amicus on Stay Applications While a Petition for Review Is Pending(544 KB - 1/15/2013)
    AILA amicus brief arguing that the Supreme Court should grant a stay application while a petition for review is pending, noting that the government practices for ensuring the return of noncitizens who prevail on judicial review are limited, inconsistent, and complex.
    AILA Doc. No. 13011550.
  • AILA Files BIA Amicus Brief on Adam Walsh Act Amendments(722 KB - 1/4/2013)
    AILA amicus brief explaining when the Adam Walsh Act (AWA) amendments to the INA are triggered, why the BIA must construe them narrowly, and why the BIA has jurisdiction to review AWA visa petition denials, among other issues.
    AILA Doc. No. 13010443.
 
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