Litigating Consular Delays, Decisions, and Policies

Litigating Consular Delays, Decisions, and Policies

Litigating Consular Delays, Decisions, and Policies (Seminar Recording - No CLE)
Live Event Date: 05/17/2023
Format Length CLE Eligible
Web Seminar 90 min. No

Does the doctrine of consular nonreviewability leave us powerless to challenge unreasonable U.S. Department of State (DOS) decisions affecting our clients? Is it impossible to litigate a negative determination by a consular officer or act on an undue delay in visa issuance? In short, the answers are “no.” Join our panel of experts from the AILA Benefits Litigation Committee as they explore the tools attorneys have at their disposal to take on adverse DOS actions.

Featured Topics:

  • Mandamus/delayed action cases
    • Dealing with a consulate’s refusal to act
    • Overly lengthy administrative processing matters
  • Challenging unreasonable consular decisions or actions
    • What (if any) are the limitations on the doctrine of consular nonreviewability?
    • Solutions and remedies if a consular officer is not abiding by the Foreign Affairs Manual
    • Prelitigation actions
    • Virtues of litigating a “losing case”
  • Class actions and other broad legal challenges against DOS

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Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars for free.

Eleanor Pelta (DL), AILA Past President/Benefits Litigation Committee Chair, Washington, D.C.

Eleanor Pelta is a past President of the American Immigration Lawyers Association (AILA). A partner in the labor and employment law practice of Morgan Lewis & Bockius, she co-manages the firm’s Chambers-ranked global immigration practice, with practice groups in San Francisco, Washington, D.C., Boston, Dallas, New York and London. She is the 2014 recipient of AILA’s Edith Lowenstein Award for Excellence in Advancing the Practice of Immigration Law, and the 2015 recipient of the Susan D. Quarles AILA Service Excellence Award. Ms. Pelta is a recipient of the 2016 Golden Door Award, given by HIAS of Pennsylvania.

Ira J. Kurzban, AILA Past President/Benefits Litigation Committee, AILA Author, Kurzban’s Immigration Law Sourcebook, 18th ed., Miami, FL

Ira J. Kurzban is a founder of Kurzban, Kurzban, Tetzeli & Pratt, P.A., in Miami, Florida. He is an AILA past President, former AILA General Counsel, and a Fellow of the American Bar Association. He has litigated over seventy-five federal cases concerning the rights of noncitizens, including several arguments before the U.S. Supreme Court. He is an adjunct faculty member at the University of Miami School of Law. He is the author of Kurzban’s Immigration Law Sourcebook, the most widely used two-volume immigration source in the U.S. He has lectured and otherwise published extensively in the field of immigration law, including articles in the Harvard Law Review and Columbia University Press. JD and MA, University of California, Berkeley.

Jesse M. Bless, AILA Benefits Litigation Committee, Georgetown, MA

Scott D. Pollock, AILA Benefits Litigation Committee, Chicago, IL

Leslie K. Dellon, Senior Attorney (Business Immigration), American Immigration Council, Washington, D.C

Leslie K. Dellon is the Senior Attorney (Business Immigration) at the American Immigration Council, where she encourages business immigration lawyers to consider litigation as another tool to serve their clients, engages in impact litigation, and represents amici curiae before courts and agencies. She is a past AILA DC Chapter chair and has served on AILA National and DC Chapter committees. She has a JD from the George Washington University Law School.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.