Practice Advisories

2008 - 2006 | 2005 - 2004 | 2003 - 1999

  • Ineffective Assistance of Counsel Litigation Issue Page (8/12/2010)
    Legal Action Center Litigation Issue Page providing information related to Matter of Compean I and II, the Attorney General decisions regarding seeking a remedy for ineffective assistance of counsel in removal proceedings. AILA Doc. No. 10081269.
  • Naturalization Adjudication Delays (8/11/2010)
    LAC Litigation Issue Page summarizing class action and individual lawsuits challenging delays of adjudication of naturalization applications under INA § 336(b), describing other relevant developments affecting this type of litigation, and providing related resources. AILA Doc. No. 10081166.
  • H-1B/Neufeld Memo on the Employer-Employee Relationship Litigation Issue Page (8/10/2010)
    Legal Action Center Litigation Issue Page summarizing recent legal challenges to the 1/8/10 USCIS memo providing guidance, in the H-1B context, on determining employer-employee relationships. It also provides information about other advocacy related to this issue. AILA Doc. No. 10081075.
  • IJ’s Jurisdiction to Apply INA § 204(j) (8/10/2010)
    Legal Action Center Litigation Issue Page summarizing Matter of Perez Vargas, the case holding that IJs lack jurisdiction over whether an approved I-140 remains valid under INA § 204(j), and Matter of Neto, the case reversing this decision. AILA Doc. No. 10081072.
  • Motions to Suppress in Immigration Cases (8/10/2010)
    Legal Action Center Litigation Issue Page providing examples of IJ and BIA decisions on motions to suppress or exclude the government’s evidence or otherwise terminate proceedings. AILA Doc. No. 10081070.
  • Challenging the Legality of Enforcement Activities (8/10/2010)
    Legal Action Center Litigation Issue Page summarizing litigation challenging ICE’s enforcement actions at workplaces and in homes and local communities. AILA Doc. No. 10081069.
  • Supreme Court Update (8/10/2010)
    Legal Action Center webpage summarizing recent immigration-related Supreme Court decisions; grants of petitions for certiorari, and selected pending petitions for certiorari. AILA Doc. No. 10081068.
  • Mandamus Litigation Issue Page (8/10/2010)
    Legal Action Center Litigation Issue Page providing the latest developments in immigration-related mandamus actions. It summarizes decisions in mandamus cases, and links to relevant practice advisories, reports, court rules and other additional resources. AILA Doc. No. 10081066.
  • Matter of Blake Litigation Issue Page (8/10/2010)
    Legal Action Center Litigation Issue Page providing circuit court decisions interpreting Matter of Blake and links to practice advisories and other resources. AILA Doc. No. 10081065.
  • State and Local Law Enforcement Litigation Issue Page (8/10/2010)
    Legal Action Center Litigation Issue Page summarizing legal challenges to state and local laws that target non-citizens, and provides related resources. AILA Doc. No. 10081063.
  • Employment Authorization Verification (8/10/2010)
    Legal Action Center Litigation Issue Page summarizing lawsuits challenging government initiatives related to employment verification, including the Internet based E-Verify system and "no-match" letters issued by the Social Security Administration. AILA Doc. No. 10081062.
  • Challenging the Legality of Detention (8/10/2010)
    Legal Action Center Litigation Issue Page summarizing four areas of mandatory detention litigation including when mandatory detention applies and prolonged pre-order detention. AILA Doc. No. 10081061.
  • Challenging Treatment in Detention (8/10/2010)
    This Legal Action Center Litigation Issue Page summarizes class action, multi-party and other impact lawsuits that challenge the conditions and treatment of noncitizens in detention. It provides updated case developments, selected pleadings and links to useful resources. AILA Doc. No. 10081060.
  • Arriving Aliens and Adjustment of Status (8/9/2010)
    Legal Action Center Litigation Issue Page summarizing litigation regarding the government’s interim rule allowing USCIS to adjudicate the adjustment application of “arriving aliens” in removal proceedings. It provides links to selected pleadings and other related resources. AILA Doc. No. 10080969.
  • Brand X in Immigration Cases (8/9/2010)
    Legal Action Center Litigation Issue Page providing an overview of the Supreme Court's holding in Brand X. It identifies circuit court decisions that have applied and agency decisions that have addressed Brand X. AILA Doc. No. 10080968.
  • Arizona SB 1070, Legal Challenges and Economic Realities (8/9/2010)
    This Legal Action Center Litigation Issue Page provides analysis and summaries of the lawsuits challenging SB 1070. It features select pleadings from each lawsuit, amicus briefs, and links to information about other Arizona litigation. AILA Doc. No. 10080967.
  • LAC Practice Advisory: Whom To Sue And Whom To Serve In Immigration-Related District Court Litigation (Updated 5/13/10)(114 KB - 5/13/2010)
    This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district courts. AILA Doc. No. 03111243.
  • LAC Practice Advisory: Rescinding an In Absentia Order of Removal (Updated 3/31/10)(298 KB - 3/31/2010)
    This updated Legal Action Center Practice Advisory provides guidance on moving to reopen and rescind an in absentia order of removal based on lack of notice or exceptional circumstances for failure to appear. AILA Doc. No. 02051441.
  • Practice Advisory on the Child Status Protection Act(269 KB - 9/9/2009)
    This practice advisory from the American Immigration Council's Legal Action Center updates and replaces three earlier advisories and provides a comprehensive overview of the CSPA, with a discussion of the most recent agency interpretations and court cases. AILA Doc. No. 09090962.
  • AILF Practice Advisory: How to Get Judicial Relief Under 8 USC § 1447(b) For A Stalled Naturalization Application (Updated 8/31/09)(49 KB - 8/31/2009)
    Discusses the nuts and bolts of how to circumvent agency delay in naturalization cases and get immediate federal court review, when CIS fails to make a decision within 120 days of the naturalization interview. AILA Doc. No. 05102574.
  • How to File a Petition for Review (Updated 8/14/09)(67 KB - 8/14/2009)
    This Practice Advisory addresses the current procedures and general requirements for filing and litigating a petition for review. AILA Doc. No. 05052510.
  • AILF Practice Advisory: Mandamus Actions: Avoiding Dismissal and Proving the Case (Updated 8/06/09)(65 KB - 8/6/2009)
    This AILF Practice Advisory provides basic information about filing an immigration related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as the jurisdictional concerns that sometimes arise. AILA Doc. No. 04080662.
  • Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart(112 KB - 7/9/2009)
    This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order. The advisory also discusses the serious consequences that result from failing to depart, when these consequences apply, and importantly, when they do not apply. AILA Doc. No. 09070966.
  • The § 237(a)(1)(H) Fraud Waiver (June 1, 2009)(58 KB - 6/1/2009)
    This practice advisory discusses the § 237(a)(1)(H) waiver for fraud or misrepresentation at admission that would otherwise render deportable certain LPRs and VAWA self-petitioners. The advisory addresses when the waiver is available, the statutory eligibility requirements, and the relief that results from a grant of the waiver. AILA Doc. No. 09060161.
  • Return to the United States after Prevailing on a Petition for Review (Updated 5/28/09)(2583 KB - 5/28/2009)
    This practice advisory contains practical and legal suggestions for attorneys representing clients who have prevailed on a petition for review or other legal action and who are outside of the United States. AILA Doc. No. 07011960.
  • Electronic Filing and Access to Electronic Federal Court Documents (4/13/2009)
    This AILF Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the CM/ECF system; and outlines how to access electronic documents through PACER. The advisory also clarifies some limitations to electronic access of documents in federal immigration cases. AILA Doc. No. 09041367.