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Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.

Published On: Wednesday, April 20, 2005 | Download File

Immigrant Entrepreneurs, Innovation, and Welcoming Initiatives by State

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Browse our state fact sheets on the impact of immigrant entrepreneurs and state Welcoming Initiatives.

Births to Illegal Immigrants Are Studied

Published on Wed, Aug 11, 2010

Some researchers noted that the Pew figures did not identify families where both parents were illegal immigrants. “If anything, the Pew report highlights how complicated this issue is, given that so many unauthorized immigrants live in families that include U.S. citizens and legal immigrants,” said Michele Waslin, senior policy analyst for the Immigration Policy Center, a group that supports legalization for illegal immigrants.

Published in the New York Times

Warrantless Arrests and the Timing of Right to Counsel Advisals

In Matter of E-R-M-F- & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding that certain noncitizens arrested without a warrant need not be advised of their rights, including the right to counsel, prior to post-arrest examinations. This practice advisory highlights flaws in the E-R-M-F- decision and suggests strategies for challenging the BIA’s reading of § 287.3(c) and moving to suppress evidence obtained in violation of the regulation.

The Legal Action Center encourages attorneys with ongoing cases involving the timing of the 8 C.F.R. § 287.3(c) advisals to contact clearinghouse@immcouncil.org for further information.

Published On: Friday, November 2, 2012 | Download File

Stories of Immigration

Stories of Immigration teaches secondary grade students about the value of immigration through selected literature. The lesson also increases student awareness of the important historical periods of immigration and the effects of these events on America.

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In defense of the failed Dream Act immigration bill

Published on Mon, Sep 27, 2010

The Immigration Policy Center writes:

Acknowledging the large numbers of illegal Europeans in the U.S., the government devised ways for them to remain in the U.S. legally. *Deserving* illegal European immigrants could benefit from various programs and legalize their status. The 1929 Registry Act allowed *honest law-abiding alien[s] who may be in the country under some merely technical irregularity* to register as permanent residents for a fee of $20 if they could prove they had lived in the U.S. since 1921 and were of *good moral character.* Roughly 115,000 immigrants registered between 1930 and 1940—80% were European or Canadian. Between 1925 and 1965, 200,000 illegal Europeans legalized their status through the Registry Act, through *pre-examination*—a process that allowed them to leave the U.S. voluntarily and re-enter legally with a visa (a *touch-back* program)—or through discretionary rules that allowed immigration officials to suspend deportations in *meritorious* cases. Approximately 73% of those benefitting from suspension of deportation were Europeans (mostly Germans and Italians).

Published in the Washington Times

K-2 Visa Holders

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The Legal Action Center's amicus brief for the Immigration Council and AILA, filed in In Re Ting Ting Chi, No. A96-533-521, argues that K-2 visa holders, the offspring of fiancé(e)s of U.S. citizens, may adjust even after turning 21 years of age as they are derivatives of non-citizen K-1 fiancé(e) parents. If you have a case that raises this issue, please contact us at clearinghouse@immcouncil.org.

  • In Re Anchalee Satidkunakorn, Case No: A096-722-341 (BIA amicus filed)
  • In Re Qiyu Zhang, Case No: A096-796-201 (BIA amicus filed)    
  • In Re Ting Ting Chi, Case No: A096-533-521 (BIA amicus filed)  

The Urban Institute

The nonpartisan Urban Institute publishes studies, reports, and books on timely topics worthy of public consideration. The views expressed are those of the authors and should not be attributed to the Urban Institute, its trustees, or its funders.

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Do any university presidents oppose the DREAM Act?

Published on Mon, Dec 13, 2010

Finally, I called up Wendy Sefsaf, communications director at Immigration Policy Center, a group that supports DREAM. She hadn't heard of any presidents issuing public statements against the legislation either, but she did have this to say about the lack of academic opposition: "It diminishes any argument that allowing undocumented students to go to college is bad for universities, in terms of economic impact, pushing other students out, or overcrowding. If it wasn't a good idea, universities and their presidents wouldn't be unanimously in support of it."

Published in the Boston Globe

Litigation Clearinghouse Newsletter Vol. 4, No. 10

This issue covers E-Verify litigation, prolonged detention class actions, favorable BIA precedents, removal cases involving the statute of limitation to rescind adjustment, and recently filed AILF briefs.

Published On: Friday, September 11, 2009 | Download File