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Litigation Clearinghouse Newsletter Vol. 3, No. 12

This issue covers a recent FOIA lawsuit seeking information about stipulated removal; a Seventh Circuit case holding that the waiver of a right to a removal hearing under the Visa Waiver Program must be knowing and voluntary; a Ninth Circuit decision finding that DHS may not unilaterally block a motion to reopen to adjust status by opposing the motion; and the Supreme Court's decision to grant certiorari to examine the standard for granting stays of removal at the courts of appeals.

Published On: Tuesday, November 25, 2008 | Download File

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Travel abroad with us. Explore our upcoming trips to India (2013) and Italy (2014).

Immigration laws: Legislation could be catastrophic to agriculture businesses

Published on Sun, Feb 13, 2011

If all unauthorized immigrants were removed from Florida the state would lose $43.9 billion in economic activity, $19.5 billion in gross state product, and approximately 262,436 jobs, according to the left-leaning American Immigration Council, a research organization that studies immigrants and immigration policy.

Published in the Naples News

Litigation Clearinghouse Newsletter Vol. 1, No. 17

This issue covers "material support" litigation, Supreme Court cases this fall, and a recent Eighth Circuit case holding the government to regulatory standards.

Published On: Tuesday, September 26, 2006 | Download File

Arizona demonstrates the lunacy of mass deportations

Published on Wed, Mar 30, 2011

WHEN ARIZONA lawmakers enacted legislation last year inflating the power of police officers to check immigration status when they make even routine stops, they staked out a reputation for the state as a citadel of intolerance. That was by design, for their explicit purpose was to drive away the hundreds of thousands of illegal immigrants who, lured by jobs and a booming economy, had arrived in the state in the preceding 10 or 15 years.

The law, hung up by constitutional challenges, has never taken full effect. But it has had an important unintended consequence — as a wake-up call to the nation’s business community, for which a policy aimed at deporting millions of undocumented workers is economic lunacy.

Thanks largely to a backlash from business, state legislatures elsewhere have balked at adopting Arizona-style laws, though a few, particularly in the South, have passed bills designed to deny opportunities to illegal immigrants and keep them in the shadows. The business backlash is motivated partly by fears that other states could suffer Arizona’s fate: boycotts and cancellations that have meant tens of millions of dollars in lost revenue for hotels, restaurants and other businesses that rely on visitors. But businesses also fear the potential economic damage from mass deportation. A new report by the Center for American Progress and the Immigration Policy Center, groups that are sympathetic to illegal immigrants but intellectually serious, examines those costs in detail and concludes that they would be staggering.Read more...

Published in the Washington Post

Adjustment of Status Under § 245(i) for Noncitizens Previously Removed (Duran Gonzalez Class Action)

This class action lawsuit challenges the Department of Homeland Security's willful refusal to follow the precedent I-212 decision of the Ninth Circuit in Perez-Gonzalez v. Ashcroft.

Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported may apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively.

On July 22, 2014, the District Court approved the settlement agreement and issued a final judgment in the case.  The settlement involves remedies for class members who submitted adjustment of status and I-212 waiver applications on or after August 13, 2004 and on or before November 30, 2007. Read the announcement about the settlement agreement.  

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Initial Proceedings in District CourtRead more...

Tania Calvao Celebrates the J-1 AND J-2 Experience

November, 2008
Tania Calvao

Contrary to the visa title, the J-1 Exchange Visitor Program isn't all about the J1, but the J2s, too!

The Exchange Visitor Program is pleased to announce Tania Alves Calvao AND her son, Olivio, as November's Exchange Visitors of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...

Can Winnipeg model save Detroit?

Published on Sat, May 21, 2011

Detroit has become the poster child for urban decay. The city lost 25 per cent of its population between 2000 and 2010, and more than half its population since 1950. More than 90,000 houses stand empty, and many neighborhoods have been completely abandoned.

The burden of maintaining infrastructure and law enforcement in a city with an eroding tax base and sparse population has led to attempts to "shrink" the city. This means bulldozing several areas of the city and relocating existing residents. Mayor Dave Bing realizes this, and has pledged to knock down a staggering 10,000 structures during his first term.

In the past, such slum clearances led to vigorous opposition from urbanists like Jane Jacobs, who argued that top-down approaches to urban redevelopment would cause a great deal of pain for little to no benefit. Yet despite the fact that Jacobs is widely admired, the plan to shrink the city has met with little opposition in Detroit. Frankly, unless Detroit sees a major population surge, shrinking the city sadly may be necessary.

Last week, New York Mayor Michael Bloomberg appeared on NBC's Meet the Press, and mused about using immigration policy to repopulate the city. The premise makes perfect sense. Most of Detroit's problems stem from the fact that fewer and fewer people are working and paying taxes in the city. There is more infrastructure than people need or the city can afford.

Ultimately the issue then is getting people to live in Detroit. But the biggest problem, even with a mild resurgence in the auto sector, is that Americans, and even most Michiganders, don't want to live in Detroit, even with jobs.

For many immigrants, however, Detroit would seem like a major upgrade over their current situations. This is not a far-fetched notion. Here's a proposal for Detroit based on an unlikely Canadian immigration success story: Winnipeg.Read more...

Published in the Winnepeg Free Press