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Legalization

How to Challenge an Affirmance Without Opinion by a BIA Member

Single BIA members are deciding summarily thousands of case using the "affirmance without opinion" procedure. This Practice Advisory discusses arguments that challenge a BIA Member's use of this procedure to deny an appeal.

Published On: Friday, September 27, 2002 | Download File

Japanese Americans

Fred T. Korematsu was a national civil rights hero. In 1942, at the age of 23, he refused to go to the government’s incarceration camps for Japanese Americans. After he was arrested and convicted of defying the government’s order, he appealed his case all the way to the Supreme Court. In 1944, the Supreme Court ruled against him, arguing that the incarceration was justified due to military necessity.

In 1983, Prof. Peter Irons, a legal historian, together with researcher Aiko Herzig-Yoshinaga, discovered key documents that government intelligence agencies had hidden from the Supreme Court in 1944. The documents consistently showed that Japanese Americans had committed no acts of treason to justify mass incarceration. With this new evidence, a legal team of mostly Japanese American attorneys re-opened Korematsu’s 40 year-old case on the basis of government misconduct. On November 10, 1983, Korematsu’s conviction was overturned in a federal court in San Francisco. It was a pivotal moment in civil rights history.

Korematsu remained an activist throughout his life. In 1998, he received the Presidential Medal of Freedom, the nation’s highest civilian honor, from President Bill Clinton. In 2010, the state of California passed the Fred Korematsu Day bill, making January 30 the first day in the US named after an Asian American. Korematsu’s growing legacy continues to inspire people of all backgrounds and demonstrates the importance of speaking up to fight injustice.

Year Released: 2012

Report: Population Growth Depends On Immigration

Published on Wed, Jul 28, 2010

Of course, that’s not counting illegal immigrants — DHS estimated 10.8 people were living in the U.S. illegally in 2009. But advocates of higher quotas argue that increasing the number of people who could legally enter the U.S. would also decrease illegal immigration. “We have a fundamental problem as a country accepting the idea that we need immigration numbers,” Mary Giovagnoli, director of Immigration Policy Center told TWI. “If we had a legal immigration system that worked, it would reduce the incentive for illegal immigration.”

Published in the Washington Independent

Litigation for Business Immigration Practitioners

This Practice Advisory provides information to help practitioners assess whether filing suit in federal court is the right option for challenging an employment-based petition denial. It discusses the importance of building a solid administrative record and other factors practitioners should consider before filing suit. It also discusses the components of a complaint and the standards that a federal court will apply in reviewing the agency’s decision. 

Published On: Friday, June 3, 2016 | Download File

Lessons on Acceptance and Forgiveness: A Tale of Two Americas

In this immigration lesson plan, students will read a brief version of Rais Bhuiyan’s inspiring story of forgiveness towards his attacker after being a survivor of a hate crime in the days after 9/11 because he was an immigrant. Students will then watch and respond to a Ted Talk by author Anand Giridharadas on Bhuiyan’s story as well as listen Bhuiyan speak about his story and his efforts to build the World Without Hate foundation. Student will be asked to consider what does acceptance and forgiveness mean to them as well as how their school can contribute to making a world without hate.

This lesson is adaptable to English Language Learners and readers at multiple levels.  It was developed by teacher Julie Mann, an ESL and Human Rights Teacher at Newcomers High School, Long Island City, New York and distributed with her permission.

For lesson procedures and Common Core alignment, please click here.

Year Released: 2015

9-12

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The Senate Unanimously Passes Border Security Bill

Published on Thu, Aug 12, 2010

“You can make the argument that it can reinforce the Obama administration efforts to disentangle the border issues from the immigration issues,” Mary Giovagnoli, director of the pro-reform Immigration Policy Center, told TWI. “But that’s probably not how it’s going to play out.”

Published in the The Washington Independent

Visa Bulletin – Rejection of Employment-Based Adjustment Applications

In June 2007, U.S. Citizenship and Immigration Services (USCIS) refused to accept tens of thousands of employment-based applications for adjustment of status (and discouraged thousands of other workers from even applying) in violation of federal statutes, regulations and policies. Although the LAC was poised to file a class action on July 17, 2007 to challenge these unlawful actions, this became unnecessary after USCIS and the Department of State reversed course and resolved the issues. Read the prepared complaint.

U.S. House holds hearings on economic impact of immigrants

Published on Fri, Oct 01, 2010

According to the Immigration Policy Center, in 2008, immigrants made up almost a quarter of the Florida’s workforce, while unauthorized immigrants accounted for 8.2 percent of the state’s workforce.

 

Published in the Florida Independent

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