Litigating Immigration Cases in Federal Court, 6th ed.
| Release Date: 10/20/2022 | ||
|---|---|---|
| Format | Size | ISBN/SKU |
| Print* | 1134 pages | 978-1-57370-507-3 |
| eBook | 1134 pages | 978-1-57370-508-X |
Written by experienced litigator Robert Pauw, Litigating Immigration Cases in Federal Court provides the "how to" guidance for filing immigration lawsuits in federal court with an easy-to-use overview of the basic principles of judicial review of immigration cases and general administrative law principles that are relevant in immigration cases.
Litigating Immigration Cases in Federal Court is an essential guide for individuals challenging immigration decisions in federal court. For persons filing a lawsuit in federal court for the first time, the book provides more than just the black letter law on the topics discussed. Each section provides a discussion of the rationale for the doctrines being discussed. For more experienced practitioners, the book provides "Quick Cites"—editorially vetted favorable cases (with quotes from the most relevant passages) that the author considers to be particularly useful in brief writing.
With Litigating Immigration Cases in Federal Court, you'll get professional advice on:
- Justiciability Issues
- Exhaustion of Administrative Remedies
- Jurisdictional Considerations
- Due Process in Removal Proceedings
- Judicial Review
- APA Jurisdictional Considerations and Lawsuits
- Constitutional and Statutory Framework as well as Habeas Petitions Relating to Immigration Detention
- Mandamus Lawsuits
- Consular Non-reviewability
- Chevron Deference and Brand X
- Retroactivity
- FOIA Matters
- Preparation of the Complaint, Petition for Review, and Motion for Stay
- Attorneys' Fees and Costs
The latest edition includes updates on:
- Case law that has developed under recent Supreme Court decisions, including Guerrero-Lasprilla, Niz-Chavez, and Patel
- Suspension Clause cases in the lower courts following the Supreme Court’s decision in Thuraissigiam, and the implications for obtaining a stay of removal while litigation is pending
- Case law that has developed after the Supreme Court’s decision in Jennings regarding challenges to mandatory detention
- Updated case law on cases seeking to review consular decisions
- Challenges to naturalization denials where USCIS alleges that permanent residence was not lawfully obtained
- New section on the principles of res judicata and collateral estoppel
And more!
Order your copy today!
"There are many treatises on administrative law, and most will mention several immigration law cases. But none of these treatises focuses specifically on administrative law principles in the context of immigration law. And there are many immigration law treatises, and most will mention cases involving issues of judicial review. But none explains in detail the principles of judicial review that will always arise in the context of litigating immigration cases. This book provides a detailed description of the constitutional and statutory framework, and the basic case law that one needs to be aware of in litigating immigration cases."
–Robert Pauw, author
*Interested in a bulk purchase? Contact us to receive a bulk discount when purchasing 5 or more copies.
Robert Pauw is an experienced immigration law litigator and partner in the Seattle law firm of Gibbs Houston Pauw. He has represented plaintiffs in many significant immigration cases, including:
- Zerezghi v. USCIS, 955 F.3d 802 (9th Cir. 2020) (challenge to USCIS imposition of marriage fraud penalty)
- Vega-Anguiano v. Barr, 942 F.3d 945 (9th Cir. 2019) (challenge in reinstatement proceedings to validity of prior removal order)
- Zuniga v. Barr, 934 F.3d 1083 (9th Cir. 2019) (challenge to expedited removal under 8 USC §1228 based on lack of access to counsel)
- Rosario v. USCIS, 365 F. Supp. 3d 1156 (W.D. Wash. 2018) (nationwide class action lawsuit challenging delays in processing applications for work authorization)
- Hajro v. USCIS, 811 F.3d 1086 (9th Cir. 2016) (challenge to USCIS delays in processing FOIA requests)
- Smith v. Customs and Border Protection, 741 F.3d 1016 (9th Cir. 2014) (district court has jurisdiction under 8 USC §1252(e)(2)(B) to consider noncitizen’s challenge to expedited removal order)
- Wayne Smith and Hugo Armendariz v. United States, Case No. 12.562 (IACHR 2010) (challenge to U.S. deportation policies adopted in IIRAIRA as violating the American Declaration on the Rights and Duties of Man)
- Ruiz-Diaz v. United States, 618 F.3d 1055 (9th Cir. 2010) (nationwide class action lawsuit challenging USCIS policy of refusing to allow religious workers to file concurrent I-360/I-485 applications)
- Morales-Izquierdo v. Gonzales, 486 F.3d 484 (9th Cir. 2007) (en banc) (challenge to regulations implementing the reinstatement statute)
- Perez-Enriquez v. Gonzales, 463 F.3d 1007 (9th Cir. 2006) (en banc) (establishing that individuals who obtained lawful permanent residence under the SAW legalization program are eligible for INA §212(c) waivers of deportation)
- Lee v. Gonzales, Case No. C04-449 RSL (W.D. Wash. 2006) (class action lawsuit challenging naturalization denials based on lack of good moral character)
- Immigrant Assistance Project v. INS, 306 F.3d 842 (9th Cir. 2002) (nationwide class action lawsuit challenging INS’s interpretation of “known to the government” and “continuous unlawful residence” for purposes of the legalization program)
- Gete v. INS, 121 F.3d 1285 (9th Cir. 1997) (class action lawsuit invalidating INS vehicle seizure procedures)
In addition to his book, Pauw’s published articles include: Plenary Power: An Outmoded Doctrine, 51 Emory L.J. 1095 (2002); and A New Look at Deportation as Punishment: Why at Least Some of the Constitution’s Criminal Procedure Protections Must Apply, 52 Admin. L. Rev. (2000). He served as an adjunct professor of immigration law at Seattle University School of Law for over 25 years. In recognition of his achievements, Pauw has received numerous awards, including AILA’s Jack Wasserman Award for Excellence in Litigation, the NWIRP Amicus Award for the pursuit of justice for low-income immigrants and refugees, and the National Lawyers Guild’s Carol King Award.