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2009 - 2006

  • AILA Files Amicus Brief in the Supreme Court in Kiyemba v. Obama(196 KB - 12/23/2009)
    AILA filed an amicus brief in the Supreme Court in the case Kiyemba v. Obama, arguing that immigration law poses no meaningful barrier to the petitioners’ release from detention into the U.S. pursuant to the District Court’s habeas corpus authority. AILA Doc. No. 09231222.
    AILA Doc. No. 09231222.
  • AIC and AILA Argue K-2 Visa Holders Do Not "Age Out"(2681 KB - 11/18/2009)
    The Legal Action Center's amicus brief for the Immigration Council and AILA, filed in In Re Qiyu Zhang, No. A96-796-201, argues that K-2 visa holders, the offspring of fiancé(e)s of U.S. citizens, may adjust even after turning 21 years of age. If you have a case with this issue, please contact the American Immigration Council's Legal Action Center. AILA Doc. No. 09111862.
    AILA Doc. No. 09111862.
  • American Immigration Council and AILA Argue K-2 Visa Holders Do Not "Age Out"(2580 KB - 11/9/2009)
    The Legal Action Center's amicus brief for the Immigration Council and AILA, filed in In Re Ting Ting Chi, No. A96-533-521, argues that K-2 visa holders, the offspring of fiancé(e)s of U.S. citizens, may adjust even after turning 21 years of age. AILA Doc. No. 09110968.
    AILA Doc. No. 09110968.
  • AILA Files Amicus Brief With BALCA on Harmless Error(722 KB - 11/9/2009)
    On November 6, 2009, AILA filed an Amicus Brief in an en banc review of a recent BALCA decision. The brief urges BALCA to create a harmless error rule in PERM applications. In the Matter of Hawai’i Pacific University. AILA Doc. No. 09110965.
    AILA Doc. No. 09110965.
  • AILA Files Amicus Brief on Persecutor Bar to Asylum(978 KB - 10/22/2009)
    On October 21, 2009, AILA filed an Amicus Brief in Parlak v. Holder (6th Cir.). The brief urges the court to rehear Parlak and modify the section on the persecutor bar to reflect new Supreme Court Case law in Negusie v. Holder. AILA Doc. No. 09102220.
    AILA Doc. No. 09102220.
  • AILF Brief Argues Areguillin Still Correct(994 KB - 9/8/2009)
    AILF and AILA amicus brief arguing that Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980) should be reaffirmed and that the respondent was “admitted” when an officer at a port of entry inspected him and allowed his entry, even if he was inadmissible at the time. AILA Doc. No. 09090864.
    AILA Doc. No. 09090864.
  • AILF Urges BIA to Vacate Matter of Perez-Vargas(450 KB - 9/8/2009)
    AILF and AILA amicus brief arguing that Matter of Perez-Vargas, 23 I&N Dec. 829 (BIA 2005) should vacated because it deprives skilled foreign workers in removal proceedings the ability to change jobs under AC21. AILA Doc. No. 09090863.
    AILA Doc. No. 09090863.
  • AILA Amicus Brief Regarding Application of Nijhawan v. Holder(55 KB - 8/21/2009)
    AILA amicus brief arguing that Nijhawan v. Holder overturned the BIA's decision in Matter of Babaisakov regarding the type of evidence/procedures IJs can use when an element of the aggravated felony definition may be proven beyond the record of conviction. AILA Doc. No. 09082162.
    AILA Doc. No. 09082162.
  • AILF/AILA Files Amicus Brief In CSPA Class Action(234 KB - 7/22/2009)
    AILF and AILA submitted an amicus brief in support of plaintiffs’ motion for class certification in Costelo, et al. v. Chertoff, et al., No. 08-688 (C.D. CA), in which LPR parents seek to enforce CSPA § 3 on behalf of their “aged-out” children. The brief argues that Matter of Wang was wrongly decided by the BIA and is not subject to deference. AILA Doc. No. 09072264.
    AILA Doc. No. 09072264.
  • AILA Amicus Brief Sets Forth Principles Underlying Brand X and Chevron(269 KB - 7/22/2009)
    AILA submitted amicus brief in Matter of Gomez-Barajas before the BIA, addressing Chevron deference and the holding in Brand X that in limited instances, an agency may disagree with circuit court decision and offer different interpretation of a statute. AILA Doc. No. 09072260.
    AILA Doc. No. 09072260.
  • AILA Amicus Brief Urges IJ Role in Conditions for Release from Custody(269 KB - 6/15/2009)
    AILA amicus brief arguing that an IJ has the power to modify conditions of electronic monitoring, curfew, and other reporting requirements. AILA Doc. No. 09061531.
    AILA Doc. No. 09061531.
  • AILA Amicus Brief Urging Withdrawal of the AG's Decision in Matter of Silva-Trevino(302 KB - 12/9/2008)
    Amicus brief filed by AILA arguing that the Attorney General’s decision in Matter of Silva-Trevino should be withdrawn, as it replaces the categorical and modified categorical approach to determining whether a person has been convicted of a CIMT with an unworkable and fundamentally unfair method of analysis. AILA Doc. No. 08120961.
    AILA Doc. No. 08120961.
  • AILF Files Amicus Brief with Attorney General (10/9/2008)
    The AG signaled that he may eliminate immigrants' long-standing ability to protect their rights and salvage their removal case when former counsel was ineffective. Under severe time restraint, AILF filed an amicus brief reiterating immigrants' constitutional, statutory and regulatory right to protection against ineffective assistance of counsel. AILA Doc. No. 08100972.
    AILA Doc. No. 08100972.
  • AILF Amicus Brief Filed in the Supreme Court in Dada v. Gonzales(156 KB - 11/19/2007)
    The LAC filed an amicus brief in the Supreme Court in the case Dada v. Gonzales, arguing that the filing of a motion to reopen tolls the running of the voluntary departure. AILA Doc. No. 07111961.
    AILA Doc. No. 07111961.
  • AILA Amicus Brief Addresses Post-Filing Worker Availability Issues on RIRs (12/18/2006)
    Amicus brief, prepared by Geoff Forney on behalf of AILA, discusses issues arising from layoffs that occured after the reduction in recruitment labor certification was filed, in cases that are before BALCA for en banc review of a prior three-judge BALCA decision. AILA Doc. No. 06121860.
    AILA Doc. No. 06121860.
  • AILA Files Amicus Brief with AAO on "Affiliated or Related" for H-1B Cap Exemption Purposes(85 KB - 8/25/2006)
    Amicus brief filed by AILA on the issue of what constitutes "affiliated or related" to an institution of higher education for purposes of the AC21 exemption from the H-1B cap. AILA Doc. No. 06082566.
    AILA Doc. No. 06082566.
  • Latest on First PERM Appeal to BALCA (6/5/2006)
    In the first BALCA appeal relating to PERM, DOL filed a reply brief to address issues raised in amici's brief, and amici (AILA and ACIP) filed a brief in reply. AILA Doc. No. 06060561.
    AILA Doc. No. 06060561.
  • AILA and ACIP File Amicus Brief with BALCA on Issue of Error in Application(225 KB - 5/9/2006)
    Amicus brief, prepared by Josie Gonzalez and others on behalf of AILA and ACIP, with respect to the issues surrounding a PERM application that was denied because of a typographic error in the date of an advertisement. AILA Doc. No. 06050969
    AILA Doc. No. 06050969.