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2010

  • AILA Files Amicus Brief in Ninth Circuit Case, Nunez-Reyes v. Holder(147 KB - 11/23/2010)
    AILA filed a joint brief with the National Immigration Project in the en banc case of Nunez-Reyes v. Holder. AILA argues that state rehabilitative relief for simple drug possessions will prevent a "conviction" for immigration purposes. AILA Doc. No. 10112376.
    AILA Doc. No. 10112376.
  • AILA Files Amicus Brief in SB-1070 Case, U.S. v. Arizona(135 KB - 10/26/2010)
    AILA amicus brief in U.S. v. Arizona, urging the 9th Circuit to uphold the district court’s preliminary injunction preventing the state of Arizona from enforcing certain sections of SB-1070. AILA Doc. No. 10102667.
    AILA Doc. No. 10102667.
  • AILA Files Amicus Brief in 245(i) Case, Matter of Legaspi (969 KB - 10/26/2010)
    AILA amicus brief arguing that after-acquired spouses and children, though not independently grandfathered, can adjust under §245(i) if accompanying or following to join a grandfathered alien. Thanks to Russell Abrutyn, Jackson Chaney, Leslie Holman, Cyrus Mehta, Olsi Vrapi. AILA Doc. No. 10102663.
    AILA Doc. No. 10102663.
  • AILA Files Amicus Brief in BALCA Case, Matter of ETSU(162 KB - 10/19/2010)
    AILA amicus brief filed in Matter of ETSU, arguing that the CO applied an incorrect recruitment standard for a case involving a member of the teaching profession, and that colleges and universities may include preferences when advertising for academic positions. AILA Doc. No. 10101962.
    AILA Doc. No. 10101962.
  • AILA Files Amicus Brief in Ninth Circuit Case, Delgado v. Holder(352 KB - 10/14/2010)
    AILA amicus brief arguing that when the BIA engages in a plain language statutory analysis, fills no statutory gaps, or does not particularize ambiguous statutory terms, its decision is not eligible for Chevron deference. AILA Doc. No. 10101430.
    AILA Doc. No. 10101430.
  • AILA Files Amicus Brief in Second Circuit Case, Ragbir v. Holder(89 KB - 10/12/2010)
    AILA amicus brief filed in support of panel rehearing and rehearing en banc, arguing that the court improperly applied the futility doctrine in refusing to remand, and rendered its decision based on a standard and evidence not considered by the BIA post-Nijhawan. AILA Doc. No. 10101260.
    AILA Doc. No. 10101260.
  • AILA Files Amicus Brief in Matter of Syracuse University before BALCA(193 KB - 8/17/2010)
    AILA amicus brief filed before BALCA in opposition to a CO’s denial in Matter of Syracuse University, a case involving recruitment process requirements for a university professor. AILA argues that the DOL OFLC FAQ, promulgated solely online, is wrong and unlawful. AILA Doc. No. 10081761.
    AILA Doc. No. 10081761.
  • AILA and NIJC Amicus Brief in Flores-Villar v. United States(159 KB - 7/7/2010)
    AILA and NIJC filed an amicus brief in the SCOTUS case Flores-Villar v. United States on an equal protection challenge to US residency requirements for an unwed USC father versus an unwed USC mother to transmit USC status jus sanguinis to child born abroad. AILA Doc. No. 10070762.
    AILA Doc. No. 10070762.
  • BIA Overrules Saysana in Matter of Garcia-Arreola (6/24/2010)
    AILA Amicus Committee alert on Matter of Garcia-Arreola and how this decision distinguishes from Saysana.
    AILA Doc. No. 10062459.
  • IJ Jurisdiction Over Bond Hearings Following ICE Transfer (6/23/2010)
    AILA Amicus Committee alert on the practice of IJ’s refusing to conduct a bond hearing after a hearing is requested and scheduled but ICE moves the detainee. By guest writer Trina Realmuto at the National Immigration Project.
    AILA Doc. No. 10062359.
  • TVPRA and the One-Year Asylum Bar (6/20/2010)
    AILA Amicus Committee alert that a noncitizen who holds the status of an unaccompanied alien child during the one-year period after his or her entry into the U.S., is never subject to the one-year filing deadline. The Amicus Committee is looking for cases that might raise this issue.
    AILA Doc. No. 10062059.
  • Arizona: SB 1070's Amicus Voices (6/17/2010)
    AILA Amicus Committee alert on the key issues and arguments being presented in amicus briefs in Arizona’s Senate Bill 1070. Blog by Stephen Manning, AILA Amicus Chair and Laura Lunn, 2010 Immigration Litigation Summer Fellow.
    AILA Doc. No. 10061759.
  • AILA Submits Amicus Brief in AZ Anti-Immigrant Statute Litigation(147 KB - 6/16/2010)
    AILA filed an amicus brief in the Arizona district court case of Friendly House v. Whiting supporting a preliminary injunction of the AZ statute commonly referred to as SB 1070. AILA argues that the statute cannot be implemented in a fair and constitutional manner. AILA Doc. No. 10061662.
    AILA Doc. No. 10061662.
  • A Visa-Waiver Round-Up (6/7/2010)
    AILA Amicus Committee alert on published circuit court decisions on the Visa Waiver Program and the eligibility for adjustment of status. Blog by Stephen Manning, AILA Amicus Chair and Laura Lunn, 2010 Immigration Litigation Summer Fellow.
    AILA Doc. No. 10060759.
  • LAC Argues for Favorable Interpretation of CSPA (4/29/2010)
    The Legal Action Center’s amicus brief, on behalf of AIC and AILA, urges Ninth Circuit to reject Matter of Wang and interpret INA §203(h)(3) as allowing aged-out derivatives of family, employment and diversity visas to retain original priority dates. AILA Doc. No. 10042967
    AILA Doc. No. 10042967.
  • Padilla v. Kentucky – Implications of SCOTUS Insights for Ill-advised Immigrants (4/8/2010)
    AILA Amicus Committee alert on the immigration implications from the Supreme Court decision Padilla v. Kentucky, where the Court held that the Sixth Amendment right to counsel requires that non-citizen defendants receive competent immigration advice regarding the deportation risks of a plea.
    AILA Doc. No. 10040859.
  • Round Up on Silva Trevino (3/30/2010)
    AILA Amicus Committee alert on Matter of Silva Trevino, and its new rule for moral turpitude determinations. Guest blogging by Jenny Pelaez, from the Immigration Justice Clinic at Benjamin N. Cardozo School of Law.
    AILA Doc. No. 10033059.
  • BIA Round Up: Looking Ahead, Cases to Watch (3/25/2010)
    AILA Amicus Committee alert with a summary of upcoming cases at the BIA.
    AILA Doc. No. 10032559.
  • AILA Submits Amicus Brief in BIA Matter of C-T-L Case(292 KB - 3/23/2010)
    AILA submitted an amicus brief in the BIA asylum case Matter of C-T-L. AILA concludes that the requirement that an enumerated ground is "at least one central reason" for the fear of persecution applies to withholding of removal claims. AILA Doc. No. 10032370.
    AILA Doc. No. 10032370.
  • AILA Submits Amicus Brief on Mandatory Detention with BIA(776 KB - 3/18/2010)
    On 03/16/10, AILA submitted an amicus brief with the BIA in the Matter of Garcia Arreola, asking the Board to overturn Matter of Saysana and narrow the applicability of the mandatory detention statute, INA 236(c). AILA Doc. No. 10031861.
    AILA Doc. No. 10031861.
  • DHS Supplemental Brief in Matter of Garcia-Arreola(3517 KB - 3/18/2010)
    DHS Principal Deputy General Counsel David Martin filed a brief in Matter of Garcia-Arreola suggesting that the Matter of Saysana ought to be clarified. AILA also filed an amicus brief in the same matter. AILA Doc. No. 10031860.
    AILA Doc. No. 10031860.
  • Matter of Saysana Revisited: AILA Amicus Committee Files Brief to BIA (3/17/2010)
    AILA Amicus Committee alert that it has filed an amicus brief in Mr. Garcia Arreola’s case, asking the BIA to follow the plain language of the law and not Matter of Saysana when determining mandatory detention.
    AILA Doc. No. 10031758.
  • AILA Submits Amicus Brief in 9th Circuit U.S.A. v. Aguila-Montes de Oca Case(347 KB - 3/11/2010)
    AILA submitted an amicus brief in the 9th Cir. rehearing of U.S.A. v. Aguila-Montes de Oca, requesting the Court to restore the panel decision or affirm it with clarification that second-stage categorical analysis only applies in the context of divisible statutes. AILA Doc. No. 10031133.
    AILA Doc. No. 10031133.
  • Diaz & Lopez, Briones, Acosta (3/6/2013)
    AILA Amicus Committee alert on Matter of Diaz and Lopez, and Briones and Acosta, and the correct statement of Brand X law
    AILA Doc. No. 10030659.
  • Asylum Seekers in the Middle of a 4th Circuit Tug of War (3/5/2010)
    AILA Amicus Committee alert on the view of asylum cases within the Fourth Circuit.
    AILA Doc. No. 10030559.
  • Matter of S-E-G-, Visibility and Invisibility (2/28/2010)
    AILA Amicus Committee alert on Matter of S-E-G by guest blogger Benjamin Casper, Director of the Pro Bono Litigation Project of the Immigrant Law Center of Minnesota, with Stephen Manning, AILA Amicus Committee chair
    AILA Doc. No. 10022859.
  • BIA Round Up: Recent Cases (2/24/2010)
    AILA Amicus Committee alert on recent BIA cases, including Matter of Gamero, Matter of Diaz and Lopez, Matter of Neto, Matter of T-M-H and S-W-C, Matter of Morales, and Matter of Rose.
    AILA Doc. No. 10022459.
  • What to Do When a Supreme Court Expert Calls? (2/23/2010)
    AILA Amicus Committee alert on calls from lawyers offering to prepare petitions for writ of certiorari and handle the case at the Supreme Court. Guest blog by Nancy Morawetz, coordinator of the Supreme Court Immigration Law Working Group at New York University School of Law.
    AILA Doc. No. 10022359.
  • Notes on Nijhawan v. Holder (2/19/2010)
    AILA Amicus Committee alert on Nijhawan v. Holder and the notion of a “circumstance-specific” approach to analyzing offenses.
    AILA Doc. No. 10021959.
  • AILA Signs on to Carachuri Amicus Brief (2/11/2010)
    AILA Amicus Committee alert that AILA signed on to an amicus brief submitted in Carachuri-Rosendo v. Holder, along with 18 other community groups, civil rights organizations, immigration justice organizations, and legal service providers.
    AILA Doc. No. 10021159.
  • Parlak and the Persecutor Bar (2/8/2010)
    AILA Amicus Committee alert on Parlak v. Holder
    AILA Doc. No. 10020859.
  • Third Circuit – Social Group Analysis (2/4/2010)
    AILA Amicus Committee alert on Valdaviezo-Galdamez v. Holder.
    AILA Doc. No. 10020459.
  • Kawashima III (2/4/2010)
    AILA Amicus Committee alert on Kawashima III, where the Court applied a circumstance-specific approach without remanding it to the Board for consideration.
    AILA Doc. No. 10020458.
  • Tenth Circuit Holds K-2 Visa Holders Do Not “Age-Out” for Purposes of Adjustment of Status. (2/2/2010)
    AILA Amicus Committee alert on Colmenares Carpio v. Holder, in which the tenth circuit court held that K-2 visa holders do not “age-out” for purposes of adjusting.
    AILA Doc. No. 10020259.
  • Bayo: A Constitutional Victory (2/1/2010)
    ILA Amicus Committee alert on Bayo v. Napolitano, where the Court found that there must be some process to assure that Visa Waiver Program waivers are knowing and voluntary, although it speculated that the newly implemented waiver process may resolve the issue.
    AILA Doc. No. 10020159.
  • Kucana, An Inside Look (1/30/2013)
    AILA Amicus Committee alert on Kucana, a 2010 Supreme Court decision where the Court reviewed whether 8 U.S.C. § 1252(a)(2)(B)(ii) strips jurisdiction from federal courts to review rulings on motions to reopen by the Board of Immigration Appeals.
    AILA Doc. No. 10013059.
  • Matter of Neto (1/27/2010)
    AILA Amicus Committee alert on Matter of Neto, where the Board held that Immigration Judges and the Board have jurisdiction to determine whether a job is “portable” under INA 204(j).
    AILA Doc. No. 10012759.
  • AILA and AIC Amicus Brief Addresses Supreme Court Brand X Decision(562 KB - 1/26/2010)
    AILA, AIC, and Northwest Immigrants Rights Project, submitted an amicus brief in the Supreme Court case In Re Tan, arguing that the BIA must follow 9th Circuit law because the “disfavored group” analysis is mandated by the plain, unambiguous language of the statute. AILA Doc. No. 10012663.
    AILA Doc. No. 10012663.
  • Matter of T-, Oral Argument at BIA (1/26/2010)
    AILA Amicus Committee alert on oral arguments in Matter of T-, a case in which AILA appeared as amicus along with the American Immigration Council and the Northwest Immigrant Rights Project.
    AILA Doc. No. 10012659.
  • AILA Amicus Assistance (1/26/2010)
    AILA Amicus Committee alert on requesting AILA amicus assistance.
    AILA Doc. No. 10012658.
  • AILA Files Amicus Brief with BALCA on Determination of "Permanent Full Time Work"(68 KB - 1/4/2010)
    AILA amicus brief in Matter of Albert Einstein Medical Center and Abingdon Memorial Hospital, urging BALCA to overrule Vito-Volpe and Crawford & Sons and adopt a factor-driven test for determining what constitutes permanent full-time work. AILA Doc. No. 10010470.
    AILA Doc. No. 10010470.