Set Text Size:

S

S

S

2011

  • AILA Amicus Says H-1B Fee Regulation Should Not Extend to J-1 Waivers(1034 KB - 12/12/2011)
    AILA amicus brief arguing that the lower court’s conclusion that an employer is responsible for legal fees and costs associated with an employee’s J-1 waiver lacks any basis in law or fact, and asking the court to refrain from addressing issues pertaining to H-1B fees.
    AILA Doc. No. 11121235.
  • AILA Files Amicus Brief in Fleuti/101(a)(13)(C) SCOTUS Case(322 KB - 12/2/2011)
    AILA urges the court to refrain from deciding the effect of INA §101(a)(13)(C) on Fleuti, but sets forth its position that the statute did not abrogate the rule that LPRs returning from “brief, casual, and innocent” departures are to be treated as if they never left.
    AILA Doc. No. 11120262.
  • AILA Amicus Brief Challenges Mandatory Detention Holding in Matter of Rojas(122 KB - 12/2/2011)
    AILA amicus explains how the plain language of the mandatory custody statute, INA §236(c), has never mandated the detention of every noncitizen who has ever committed a crime and urges the court to disapprove the BIA’s decision in Matter of Rojas.
    AILA Doc. No. 11120261.
  • AILA Files Amicus Brief in CA11 Appeal of Alabama HB 56 Ruling(153 KB - 12/1/2011)
    AILA amicus brief urging the court to affirm the decision of the district court blocking key portions of Alabama HB 56 from taking effect. Amicus argues that HB 56 is unworkable and cannot be implemented in a fair and constitutional manner.
    AILA Doc. No. 11120171.
  • AILA Amicus Addresses Documentation of SWA Job Orders(381 KB - 11/21/2011)
    AILA amicus brief urging BALCA to affirm Mandy Donuts and find that an employer who fails to submit an SWA job order in response to a CO’s audit does not violate 20 CFR 656.17(a)(3) because a copy of the job order is not a required document under the regulations.
    AILA Doc. No. 11112163.
  • AILA Files Amicus Brief Challenging South Carolina SB 20(660 KB - 11/15/2011)
    AILA amicus brief arguing that like other state immigration statutes, SB 20 rests on the fundamentally flawed presumption that immigration status is a fact that is easily ascertained, rather than a complex legal issue that is highly fluid. As a result, the law is unworkable.
    AILA Doc. No. 11111549.
  • AILA Files Amicus Brief in CA5 Case Interpreting Exhaustion(662 KB - 11/10/2011)
    AILA amicus brief arguing that the CA5 exhaustion rule is based on a questionable interpretation of INA §242(d) and suggesting rehearing en banc to address the circuit split and clarify that there are no bars to judicial review in cases involving unforeseeable errors of law.
    AILA Doc. No. 11111035.
  • AILA Files Amicus Brief in EB-1 Kazarian AAO Case(331 KB - 11/2/2011)
    AILA amicus brief arguing that in terms of a “final merits determination” in EB-1 cases, the Buletini analysis most closely adheres to the plain meaning of the statute and regulations, and provides the best approach for consistent and transparent adjudications.
    AILA Doc. No. 11110261.
  • AILA Files Amicus Brief in Domestic Violence/Social Group Asylum Case(297 KB - 11/1/2011)
    AILA amicus brief arguing that domestic violence may be persecution perpetrated because of a woman's gender, an immutable characteristic that can define a particular social group. Amicus urges the Board to issue a decision recognizing a PSG defined based on gender per se.
    AILA Doc. No. 11110170.
  • AILA Files Amicus Brief in CA2 Derivative Citizenship Case(221 KB - 10/31/2011)
    AILA amicus brief arguing that former 8 USC §1432(a)(3), which permits a child born out of wedlock to automatically acquire citizenship upon naturalization of the mother, but is silent with respect to when the parent is the father, violates equal protection.
    AILA Doc. No. 11103160.
  • AILA Files Amicus Brief in Case Challenging Georgia HB 87(287 KB - 10/14/2011)
    AILA amicus brief arguing that the complexities of immigration law and lack of access to information make it difficult to accurately and timely assess immigration status and therefore, HB 87 subjects individuals to erroneous interrogations and prolonged detention.
    AILA Doc. No. 11101440.
  • AILA Asks BALCA to Affirm 656.40(c) Ruling in Matter of Horizon Computer Services(1204 KB - 10/11/2011)
    AILA amicus brief urging BALCA to reverse the CO’s decision in the underlying case and clarify that an employer complies with 20 CFR 656.40(c) when it conducts one or more of the required recruitment steps during the prevailing wage validity period.
    AILA Doc. No. 11101131.
  • Third Circuit Reflects on Unlawful Presence, Chevron, and the Importance of Prosecutorial Discretion (9/28/2011)
    AILA Amicus Committee alert on Cheruku v. Attorney General, which held that the ten-year bar precludes adjustment of status under INA §245(i). The alert focuses on the human consequences of the decision and the potential use of prosecutorial discretion in similar cases.
    AILA Doc. No. 11092800.
  • Delgado, Chevron, and the Changing Nature of Deferential Review of Immigration Decisions (8/29/2011)
    AILA Amicus Committee alert on the Ninth Circuit’s recent decision, Delgado v. Holder holding that attorney generals may classify crimes as particularly serious both through case-by-case adjudication and by regulation for asylum purposes.
    AILA Doc. No. 11082900.
  • AILA/NIJC Brief Supports Rehearing in CA9 Case Interpreting Unlawful Presence(172 KB - 8/26/2011)
    AILA brief of amici urging withdrawal of Carillo de Palacios, where the Ninth Circuit held that unlawful presence under §212(a)(9)(C)(i)(I) may accrue prior to IIRIRA’s 4/1/97 effective date, and supporting remand to the BIA or panel rehearing or rehearing en banc.
    AILA Doc. No. 11082622.
  • AILA Joins Amici in Arguing Tax Offense Is Not an Aggravated Felony(222 KB - 8/12/2011)
    AILA brief of amici urging the Ninth Circuit to find that the offense of making a false statement on a tax return in violation of 26 USC §7206 should not be interpreted as an aggravated felony under INA §101(a)(43)(M).
    AILA Doc. No. 11081220.
  • AILA Files Amicus Brief in Case Involving the Application of §212(a)(9)(C) to Minors(353 KB - 8/10/2011)
    AILA amicus brief urging the BIA to find that INA §212(a)(9)(C) does not apply to minors under the best reading of the statute because minors are treated differently than adults under the immigration laws and should not be held culpable in the same way as adults.
    AILA Doc. No. 11081069.
  • AILA Files Amicus Brief in Case Challenging Alabama HB 56(175 KB - 8/8/2011)
    AILA amicus brief argues that HB 56, which seeks to identify and punish “aliens unlawfully present” in nearly all aspects of life in Alabama, will place undue burdens on Alabama residents, is preempted by federal law, and is unworkable.
    AILA Doc. No. 11080832.
  • AILA Files Amicus Brief in Case Challenging Utah HB 497(822 KB - 7/25/2011)
    AILA amicus brief argues that HB 497, which imposes citizenship and alienage verification requirements on state and local law enforcement officers, reflects a misunderstanding of federal immigration law and the limits of a state’s authority to regulate immigration.
    AILA Doc. No. 11072562.
  • AILA and NIJC as Amici Seek Reversal of BIA §212(c) Cases, Blake/Brieva(143 KB - 7/18/2011)
    Brief of Amici Curiae, filed with the U.S. Supreme Court, argues for reversal of the BIA’s treatment of §212(c) cases in Blake/Brieva, which has resulted in the irrational denial of relief for countless deserving noncitizens. Special thanks to NIJC and Jones Day.
    AILA Doc. No. 11071830.
  • AILA Amicus Urges Rehearing En Banc in Garfias-Rodriguez(81 KB - 7/11/2011)
    AILA amicus brief in support of rehearing en banc in a case that overruled Acosta v. Gonzales, gave Brand X deference to Matter of Briones, and held that aliens who are inadmissible under INA §212(a)(9)(C)(i)(I) may not adjust under INA §245(i).
    AILA Doc. No. 11071170.
  • AILA Files Amicus Brief in Case Challenging Georgia Immigration Law, HB 87(86 KB - 6/24/2011)
    AILA amicus brief argues that HB 87 incorrectly assumes that immigration status is readily ascertainable, will convert routine encounters into prolonged, intrusive interrogations on status, and does not meaningfully limit immigration enforcement actions by Georgia police.
    AILA Doc. No. 11062460.
  • AILA Amicus Brief Urges BIA to Reconsider Administrative Closure Policy(825 KB - 6/10/2011)
    AILA amicus brief urging the BIA to reconsider and modify its previous decisions requiring no opposition by either party before the immigration judge or BIA can administratively close a case.
    AILA Doc. No. 11061061.
  • AILA Files Brief of Amici Curiae in Case Challenging Silva-Trevino(136 KB - 5/3/2011)
    Brief of amici filed in the 4th Circuit case, Waheed v. Holder, urges the court to reject the Silva-Trevino framework for determining whether a conviction constitutes a crime involving moral turpitude and reaffirm the importance of the categorical approach.
    AILA Doc. No. 11050331.
  • O Holder, Here We Are... (5/3/2011)
    AILA Amicus Committee alert on the ongoing Silva-Trevino controversy.
    AILA Doc. No. 11050359.
  • AILA Amicus Brief in Support of John Lennon’s Adjustment of Status(339 KB - 4/21/2011)
    AILA (formerly the Association of Immigration and Nationality Lawyers) amicus brief from 1975 arguing Lennon’s 1968 marijuana conviction was not for a crime involving mens rea, and urging the rejection of the decision to deny his adjustment of status. Courtesy of Jason Abrams.
    AILA Doc. No. 11042139.
  • Spelling Out the Demise of DOMA in Five Steps (4/12/2011)
    AILA Amicus Committee alert on what the 2/23/11 announcement by the DOJ means, where DOJ stated that it would no longer defend DOMA in pending litigation challenging its constitutionality but it would continue to enforce DOMA until there was a final judicial resolution.
    AILA Doc. No. 11041259.
  • AILA Files Amicus Brief in 245(i) Case, Matter of Mansour(194 KB - 4/11/2011)
    AILA amicus brief explains why the BIA should publish an opinion that sets forth a clear interpretation of INA §245(i)’s statutory regime, explains why the First Circuit was incorrect in Castro-Soto and overrules its prior decision in Matter of Legaspi.
    AILA Doc. No. 11041132.
  • Update on Padilla v. Kentucky in the State Courts: Analyzing Florida’s Hernandez v. State (4/9/2011)
    AILA Amicus Committee alert on how Hernandez v. State characterized Padilla v. Kentucky as creating a “new rule” that should not be applied retroactively.
    AILA Doc. No. 11040959.
  • O Holder, Where Art Thou? (3/21/2011)
    AILA Amicus Committee alert on the impact of Matter of Silva-Trevino on Matter of Guevara Alfaro and the analysis of criminal convictions for immigration consequences.
    AILA Doc. No. 11032159.
  • Lopez-Mendoza, Motions to Suppress, and Tolentino (2/16/2011)
    AILA Amicus Committee alert on INS v. Lopez-Mendoza and its impact on Tolentino v. NY, a case that explores whether pre-existing identity-related governmental documents, obtained through police action violative of the Fourth Amendment, are subject to the exclusionary rule.
    AILA Doc. No. 11021659.
  • Call for Experiences with the Adam Walsh Act (2/2/2011)
    AILA Amicus Committee alert on the Adam Walsh Child Protection and Safety Act and issues that still need clarification from USCIS. Committee also ask members to share their experiences with these cases.
    AILA Doc. No. 11020279.
  • 4th Circuit Embraces Natural Reading of the Word “Conviction” (1/31/2011)
    AILA Amicus Committee alert on how Congress changed the definition of the word “conviction” in 1996 and how the Fourth Circuit recently embraced a more natural reading of the word in Crespo v. Holder.
    AILA Doc. No. 11013159.
  • Ninth Circuit Litigation Update: State of Law in Ninth Circuit on Expungements and Predicting Chaos (1/20/2011)
    AILA Amicus Committee alert on Nunez-Reyes and how the tone of the oral argument appears to be warning individuals residing in the Ninth Circuit that the state of the law regarding expunged drug convictions is about to change.
    AILA Doc. No. 11012059.
  • AILA Files Second Amicus Brief in Ninth Circuit Case, Nunez-Reyes v. Holder(278 KB - 1/19/2011)
    A second AILA amicus brief filed jointly with the National Immigration Project following the oral argument in Nunez-Reyes v. Holder, an en banc Ninth Circuit case involving the government's challenge to Lujan-Armendariz v. INS.
    AILA Doc. No. 11011964.
  • Can DHS Keep Your Client From Being Heard? Sometimes (1/12/2011)
    AILA Amicus Committee alert on Soumah v. Holder, an unpublished decision, and the impact it might have by unduly restricting the ability of aliens who made a good faith but unsuccessful effort to apprise the government of their new address to rescind in absentia orders.
    AILA Doc. No. 11011259.
  • Is Your Client in Lawful Status, Just a Status, or In Unlawful Status? Context Counts. (1/4/2011)
    AILA Amicus Committee alert on the definition of “status” and a review of several federal court cases that addressed provisions of the INA that raise the issue of when a person is in “status” in the U.S.
    AILA Doc. No. 11010459.
  • Visa Waiver Program Litigation Update (1/3/2011)
    AILA Amicus Committee alert on Bradley v. Holder, where the government clarified its position on adjustment of status for applicants that entered the U.S. through the Visa Waiver program. Blog by Stephen Manning, AILA Amicus Chair and Laura Lunn, 2010 Immigration Litigation Summer Fellow
    AILA Doc. No. 11010359.