Amicus Briefs/Alerts

2013 | 2012 | 2011 | 2010 | 2009 - 2005 | 2003 - 2000 | 1999 - 1994

  • AILA and AIC to BALCA: Due Process Must Trump Administrative Efficiency in PERM(588 KB - 10/14/2014)
    AILA/AIC amicus urge the Board to affirm that the Certifying Officer (CO) cannot deny a PERM application for failure to comply with the recruitment report requirements in 20 CFR §656.17(g)(1), when the employer’s compliance is evident from the record despite the omission of certain documentation.
    AILA Doc. No. 14101443.
  • AILA Amicus Brief Requesting BIA to Reexamine Adoption of Circumstance-Specific Methodology(538 KB - 9/19/2014)
    AILA amicus brief to the BIA requesting the reexamination of its adoption of a circumstance-specific inquiry for the exception clause of the controlled substance ground of removability in light of Moncrieffe v. Holder and the continued validity of Matter of Davey.
    AILA Doc. No. 14091900.
  • AILA Amicus Brief Arguing Religious Worker Regulations Are Ultra Vires(756 KB - 8/6/2014)
    AILA amicus brief arguing that 8 C.F.R. §§ 204.5(m)(4) and (11) are ultra vires because they impose requirements for approval of special immigrant religious worker petitions that go beyond those stated in the statute and a petitioner and beneficiary do have standing to challenge an I-360 denial.
    AILA Doc. No. 14080645.
  • AILA Amicus Brief Argues §212(h) Waiver Available to Petitioners Who Adjusted Status in the U.S.(739 KB - 8/6/2014)
    AILA amicus brief to the Eighth Circuit Court of Appeals arguing that §212(h) waivers are available to legal permanent residents convicted of aggravated felonies if they adjusted status in the United States.
    AILA Doc. No. 14080644.
  • AILA Amicus Brief in Crane Lawsuit Argues DACA Does Not Violate INA(537 KB - 8/6/2014)
    AILA amicus brief arguing that INA §235(b)(2)(A), which provides that all inadmissible applicants seeking admission "shall be detained" for removal proceedings, does not impose a mandatory duty on federal immigration officers to initiate removable proceedings against DACA-eligible noncitizens.
    AILA Doc. No. 14080643.
  • AILA Amicus Brief on Fundamental Fairness in Adjudicating Labor Certification Applications(583 KB - 8/6/2014)
    AILA amicus brief to BALCA arguing that if, under the totality of the circumstances, the location, manner, and details in a Notice of Filing provide the information required by the regulation, the labor certification cannot be denied for failing to comply with §656.10(d)(4).
    AILA Doc. No. 14080642.
  • AILA Amicus Briefs on the Categorical Approach and State Drug Convictions(20120 KB - 8/6/2014)
    AILA amicus brief and supplemental brief arguing that, under the categorical approach, courts must assess indivisibly overbroad controlled substance statutes categorically, and that the identity of a substance is a means, not an element, of the offense.
    AILA Doc. No. 14080641.
  • AILA Asks BALCA to Affirm Ruling in Symantec Corporation(695 KB - 8/1/2014)
    AILA amicus brief urging BALCA to adopt the panel decision in Symantec Corporation and find that the advertising content requirements of 20 CFR 656.17(f) do not apply to the additional recruitment steps found in section 656.17(e)(1)(ii).
    AILA Doc. No. 14080103.
  • AILA Amicus Committee Seeks Examples of VAWA Cancellation Denials (7/28/2014)
    AILA is interested in hearing stories of cases where VAWA cancellation of removal applications have been denied for failure to prove battery or extreme cruelty, especially where this issue was raised in a petition for review to a federal circuit court. Please send examples by 8/22/14.
    AILA Doc. No. 14072847.
  • The BIA’s Adam Walsh Act Trilogy: Acejias-Quiroz, Introcaso, Jackson & Erandio (5/30/2014)
    Amicus Alert on three BIA decisions - Matter of Aceijas-Quiroz, Matter of Introcaso, Matter of Jackson and Erandio - issued on May 20, 2014 in which the BIA interpreted cases affected by the Adam Walsh Act.
    AILA Doc. No. 14053042.
  • AILA Amicus Brief on Use of State Department Reports in Asylum Cases(1069 KB - 5/27/2014)
    Amicus brief filed by AILA and other organizations asking the Ninth Circuit Court of Appeals to rehear Angov v. Holder en banc. The brief argues that State Department reports not subject to cross-examination invite adjudication of asylum claims based on speculation rather than evidence.
    AILA Doc. No. 14052743.
  • AILA Amicus Brief on Using the Categorical Approach to Assess Overbroad Controlled Substance Statutes(3750 KB - 5/27/2014)
    AILA amicus brief urging the Board of Immigration Appeals to assess overbroad controlled substance statutes under the categorical approach, and to reaffirm that the modified categorical approach is applicable only to divisible statutes.
    AILA Doc. No. 14052742.
  • Amicus Brief Challenging Consular Non-reviewability Doctrine(657 KB - 5/15/2014)
    AILA amicus brief including case examples filed with the Ninth Circuit challenging the consular non-reviewability doctrine and a visa denial because the applicant had tattoos, and to reaffirm that the “facially legitimate and bona fide reason” standard requires meaningful inquiry by lower courts.
    AILA Doc. No. 14051544.
  • 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.
  • Amicus Brief in Support of Attorney General Certification of Matter of Aguilar-Aquino(2102 KB - 5/8/2014)
    AILA amicus brief filed with the Board of Immigration Appeals seeking Attorney General certification of Matter of Aguilar-Aquino to address the definition of "custody."
    AILA Doc. No. 14050792.
  • Amicus Brief on Prolonged Detention Cases(2777 KB - 5/8/2014)
    AILA amicus brief filed with the Board of Immigration Appeals in support of ten different prolonged detention cases, arguing that the Attorney General should adopt a uniform, nationwide, pragmatic rule regarding all noncitizens whose detention is prolonged.
    AILA Doc. No. 14050791.
  • AILA Amicus Brief in First Circuit on Mandatory Detention Under §236(c)(635 KB - 4/9/2014)
    AILA amicus brief filed with the First Circuit Court of Appeals, arguing that mandatory detention under INA §236(c) does not apply to noncitizens taken into immigration custody well after being released from the predicate criminal custody.
    AILA Doc. No. 14040941.
  • AILA Amicus Urges Court to Hold Asylum Is Available to Individuals Subject to Reinstatement(552 KB - 4/9/2014)
    AILA amicus brief filed with the Ninth Circuit Court of Appeals, arguing that any noncitizen arriving or physically present in the U.S. is eligible to apply for asylum notwithstanding whether he has returned after removal or departure under a removal order.
    AILA Doc. No. 14040940.
  • AILA Amicus Brief on Reopening Reinstated Removal Orders(554 KB - 2/12/2014)
    AILA amicus brief urging CA7 to rehear Cordova-Soto en banc, and arguing that reopening reinstated removal orders should be permitted in cases where the original removal order was entered in violation of law or otherwise represents a gross miscarriage of justice.
    AILA Doc. No. 14021244.
  • AILA Amicus Brief on Stop Time Rule(675 KB - 2/12/2014)
    AILA amicus brief arguing that when a Notice to Appear omits information about the time and place of the hearing, it is not sufficient for triggering the stop time rule in INA §240A(d)(1), and that the BIA should reexamine Matter of Camarillo.
    AILA Doc. No. 14021243.
  • Practice Alert: BIA Considers Controlled Substance Convictions(534 KB - 2/12/2014)
    Practice alert on a case before the BIA that relates to when a California controlled substance conviction can trigger deportation. The case may result in a published decision, and the issues considered may apply to other states. Special thanks to the Defending Immigrants Partnership.
    AILA Doc. No. 14021242.
  • AILA/AIC File Amicus Brief on 212(h) Waiver Eligibility(790 KB - 1/13/2014)
    Amicus brief filed by AILA and AIC, arguing that an individual who adjusts to LPR status after entering the U.S. is eligible for a 212(h) waiver because he is not “an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence.”
    AILA Doc. No. 14011346.
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