Amicus Briefs

2011 | 2010 | 2009 - 2006 | 2003 - 2000 | 1999 - 1994

  • 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 §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.
  • AILA Amicus on Asylum Claims Based on Domestic Violence(1067 KB - 11/29/2012)
    AILA amicus brief submitted to the BIA on 11/14/12, arguing that domestic violence may form the basis of an asylum or withholding of removal claim. AILA Doc. No. 12112920.
  • AILA Amicus on Corroborating Evidence In Asylum Cases(549 KB - 10/26/2012)
    The AILA Amicus Committee filed an amicus brief urging the Ninth Circuit to hold that the REAL ID Act requires an IJ to provide an asylum applicant with actual notice that specific corroborating evidence is required and a reasonable opportunity to respond. AILA Doc. No. 12102643.
  • AILA Amicus Committee Guidelines and Priorities(548 KB - 4/24/2009)
    AILA’s Amicus Committee provides guidelines regarding how to obtain amicus assistance from AILA. AILA Doc. No. 09042436.
  • AILA Amicus Urges Court to Reject USCIS Definition of Employer in I-140 Denial(660 KB - 10/8/2012)
    The AILA Amicus Committee filed an amicus brief with a Michigan district court urging the court to reject the USCIS position that an employer must retain day-to-day control of its employee at a third-party site. AILA Doc. No. 12100844.
  • AILA Amicus on Prostitution as a CIMT(725 KB - 9/17/2012)
    The AILA Amicus Committee filed an amicus brief with the Board, urging it to hold that simple prostitution is not categorically a crime involving moral turpitude (CIMT). AILA Doc. No. 12091749.
  • AILA Files Amicus Brief in Rehearing of Farmers Branch Housing Ordinance(817 KB - 9/10/2012)
    The AILA Amicus Committee filed an amicus brief urging the Fifth Circuit to affirm a district court’s finding that the Farmers Branch housing ordinance is unconstitutional. The Fifth Circuit had previously held the ordinance was unconstitutional. AILA Doc. No. 12091049.
  • AILA Argues BIA Decision on Categorical Approach Should Be Overturned(648 KB - 9/10/2012)
    The AILA Amicus Committee filed an amicus brief with the Second Circuit arguing that the Board’s decision in Matter of Lanferman, which discussed when a criminal statute is divisible, is arbitrary and capricious and should be overturned. AILA Doc. No. 12091048.
  • AILA Amicus Committee Urges BIA to Reject “Social Visibility” Test(797 KB - 8/24/2012)
    The AILA Amicus Committee filed an amicus brief in a case remanded from the Third Circuit, urging the BIA to reject the “social visibility” test in asylum cases and restore the "immutable characteristic" test as the sole measure of particular social groups. AILA Doc. No. 12082443.
  • AILA Amicus Committee Seeks Mandatory Detention Cases (8/2/2012)
    The AILA Amicus Committee is seeking compelling habeas or bond cases that involve noncitizens who were detained by ICE some period of time (not immediately) after they were released from state or federal custody on the underlying criminal conviction. AILA Doc. No. 12080255.
  • AILA Files Amicus Brief Urging CA8 to Rehear Case on CIMT Analysis(552 KB - 8/1/2012)
    The AILA Amicus Committee filed an amicus brief urging the Eighth Circuit to rehear Bobadilla v. Holder, which upheld the analysis set forth in Silva-Trevino and applied its “realistic probability” analysis. AILA Doc. No. 12080149.
  • AILA Files Amicus Brief at Supreme Court on Padilla Retroactivity(634 KB - 8/1/2012)
    The AILA Amicus Committee filed a brief urging the Supreme Court to find that Padilla v. Kentucky may be applied retroactively. The brief describes the immigrants whose lives will be affected profoundly by the Court’s decision. AILA Doc. No. 12080147.
  • AILA Files Amicus Brief on Bar Admission of Undocumented Individuals(709 KB - 7/23/2012)
    Amicus brief filed by AILA and other NGOs in In Re Garcia, arguing that federal immigration law does not preclude a noncitizen who lacks permission to remain in the US from gaining admission to the State Bar of California as a licensed lawyer. AILA Doc. No. 12072352.
  • AILA Files Amicus Brief on Mandatory Detention Under §236(c)(528 KB - 7/19/2012)
    AILA Amicus brief asking the Fourth Circuit to rehear Hosh v. Lucero en banc. In Hosh, the court found the petitioner was subject to mandatory detention, despite the fact he was not taken into federal custody immediately upon his release from state custody. AILA Doc. No. 12071934.
  • AILA Files Amicus Brief on Whether Remand Decision Is Final Order(521 KB - 7/2/2012)
    AILA amicus brief filed with the Second Circuit on whether a Board decision that remands to the IJ for background checks pursuant to 8 C.F.R. § 1003.47(h) is a final order from which a petition for review may be filed. AILA Doc. No. 12070249.
  • AILA Files BALCA Amicus on “Required Supporting Documentation” for a Labor Certification(986 KB - 6/12/2012)
    AILA amicus brief to BALCA arguing that a Certifying Officer lacks the authority to deny a labor certification based on an employer’s inability to provide a supporting document that is not required by regulation to be retained or produced upon request. AILA Doc. No. 12061241.
  • AILA Files Amicus Brief on CSPA Eligibility Under Matter of Wang(602 KB - 5/16/2012)
    AILA amicus brief filed with the Ninth Circuit Court of Appeals in Cuellar de Osorio v. Mayorkas, providing case examples where individuals were denied the benefits of CSPA by Matter of Wang and explaining how the immigrant visa allocation system works. AILA Doc. No. 12051647.
  • AILA Urges Supreme Court to Revise Nken v. Holder Opinion(505 KB - 5/7/2012)
    Letter from AILA to the Supreme Court, requesting that the Court remove the portions of its opinion in Nken v. Holder that rely on inaccurate representations from DHS on its policies for facilitating the return of removed noncitizens who prevail on judicial review. AILA Doc. No. 12050749.
  • AILA Files Amicus Brief in En Banc Rehearing of Garfias-Rodriguez(614 KB - 4/17/2012)
    AILA amicus brief in Garfias-Rodriguez v. Holder, arguing that noncitizens who are inadmissible under INA §212(a)(9)(C)(i)(I) may seek adjustment of status under INA §245(i). AILA previously filed an amicus brief in support of the rehearing en banc. AILA Doc. No. 12041747.
  • AILA Files Amicus Brief with Supreme Court in Arizona SB 1070 Litigation(591 KB - 3/27/2012)
    AILA amicus brief filed with the U.S. Supreme Court in Arizona v. United States, the Arizona SB 1070 litigation. The brief details the effects of Sections 2 and 6, which conflict with and pose obstacles to the federal immigration scheme established by Congress. AILA Doc. No. 12032753.
  • AILA Files Amicus Brief on Social Visibility/Particularity Inquiries in Asylum Cases(378 KB - 2/23/2012)
    AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of "particular social group" for asylum purposes, arguing that the "social visibility" or "particularity" tests should not constitute part of the social group inquiry. AILA Doc. No. 12022365.
  • AILA Chapters File Amicus Brief in Padilla Retroactivity Case(2743 KB - 2/21/2012)
    An amicus brief, filed by the AILA South Florida and Central Florida Chapters in the Supreme Court of Florida, arguing that the holding in the Supreme Court case Padilla v. Kentucky applies to all pending and future state postconviction proceedings. AILA Doc. No. 12022146.
  • AILA Files Amicus Brief on Fugitive Disentitlement Doctrine(542 KB - 2/21/2012)
    An AILA amicus brief urging the U.S. Supreme Court to review the Fifth Circuit’s decision in Bright v. Holder, which addresses whether courts can apply the fugitive disentitlement doctrine to a noncitizen who fails to respond to an ICE order to report for removal. AILA Doc. No. 12022148.