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2009 - 2005

  • 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.
  • 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.
    AILA Doc. No. 09111862.
  • AIC 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 Files Amicus Brief With BALCA on Harmless Error(722 KB - 11/9/2009)
    AILA amicus brief in an en banc review Matter of Hawai’i Pacific University, where the CO denied the application solely on the grounds that the NOF did not contain the address for the appropriate CO. The brief urges BALCA to create a "harmless error" rule in PERM applications.
    AILA Doc. No. 09110965.
  • AILA Files Amicus Brief on Persecutor Bar to Asylum(978 KB - 10/22/2009)
    AILA amicus brief in Parlak v. Holder (6th Cir.) urging 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.
  • 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 in In Re Aguilar-Cerda 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.
  • AILF and AILA 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 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.
  • AILF/AILA Files Amicus Brief In CSPA Class Action(234 KB - 7/22/2009)
    AILF and AILA amicus brief in support of plaintiffs’ motion for class certification in Costelo, et al. v. Chertoff, et al., No. 08-688 (C.D. CA), where LPR parents seek to enforce CSPA§3 on behalf of their “aged-out” children, arguing that Matter of Wang was wrongly decided by the BIA.
    AILA Doc. No. 09072264.
  • AILA Files Amicus Brief Setting Forth Principles Underlying Brand X and Chevron(269 KB - 7/22/2009)
    AILA 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 Amicus Brief Urges IJ Role in Conditions for Release from Custody(269 KB - 6/15/2009)
    AILA amicus brief in Matter of Hilario Antonio Garcia Garcia arguing that an IJ has the power to modify conditions of electronic monitoring, curfew, and other reporting requirements.
    AILA Doc. No. 09061531.
  • AILA Amicus Brief Urging Withdrawal of the AG's Decision in Matter of Silva-Trevino(302 KB - 12/9/2008)
    AILA amicus brief arguing that the AG'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.
  • AILF Files Amicus Brief with Attorney General on Ineffective Counsel (10/9/2008)
    AILF amicus brief reiterating immigrants' right to protection against ineffective assistance of counsel after 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.
    AILA Doc. No. 08100972.
  • AILF and AILA 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 Amicus Brief Addresses Post-Filing Worker Availability Issues on RIRs (12/18/2006)
    AILA amicus brief 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 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.
  • Latest on First PERM Appeal to BALCA (6/5/2006)
    In the first BALCA appeal relating to PERM in Matter of HealthAmerica, 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 and ACIP File Amicus Brief with BALCA on Issue of Error in Application(225 KB - 5/9/2006)
    Amicus brief in Matter of HealthAmerica, 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.
  • AILF/AILA Amicus Brief on Degree Equivalency(541 KB - 6/6/2014)
    AILF/AILA amicus brief in Grace Korean United Methodist Church v. Chertoff arguing that the I-140 petition denial should be vacate because defendants lack the authority and expertise to define the term “bachelor’s degree or equivalent” set forth in the labor certification that DOL approved.
    AILA Doc. No. 05071499.
 
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