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Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart

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.

Published On: Monday, July 6, 2009 | Download File

Teachable Moment

Immigration policy is a hotly debated issue in the country and in Congress. The immigration bill now before Congress presents a teachable moment for students to consider the pros and cons of a new policy. The reading provides an overview of the bill that originated in the Senate; the DBQ offers multiple points of view on it. Discussion questions about them and an essay assignment follow.

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Citizens Group Pushes for Immigration Laws: 9-12 Delaware Patriots Deny Accusations of Racism

Published on Mon, Jun 21, 2010

Benjamin E. Johnson, executive director of the American Immigration Council, which advocates comprehensive immigration reform, said many grass-roots groups have been responsible for pushing immigration legislation at the local and state levels. But he questioned some of the groups' tactics, saying that at times they capitalize on communities' fears and anxiety and use immigrants as scapegoats.

Published in the News Journal

LGBT Families: DOMA, Dorman, and Immigration Strategies

This Practice Advisory provides ideas for attorneys representing noncitizens in removal proceedings whose cases are affected by DOMA.

Published On: Monday, June 13, 2011 | Download File

Guide to Prosecutorial Discretion

A guide to understanding prosecutorial discretion creativly put together by NotOneMoreDeportation.com.  NotOneMoreDeportation.com is a project of NDLON meant to foster collaboration between individuals, organizations, artists, and allies to expose, confront, and overcome unjust immigration laws.

Year Released: 2013

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Grassley Fears Secret Plan For ‘Defacto Amnesty’

Published on Tue, Jul 27, 2010

Giovagnoli said the Republican Senators are helping “perpetuate an urban legend of massive proportions,” calling the idea that the president could use some sort of backdoor method to legalize millions of undocumented immigrants, “extremely far fetched.”

“The resources and tools needed to make something like this happen just aren’t there, especially because any kind of mass program like the one envisioned in this letter would essentially require a registration and reviewing process to determine who was actually qualified to remain,” Giovagnoli said in a piece last month for AlterNet.org. “Absent legislative action, the financial resources needed to carry out something of this scope would be difficult to procure.”

Published in the Iowa Independent

BIA Procedures

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AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining”
AILF and AILA’s comment on the proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” emphasizes the need for continued federal court oversight of the use of the “affirmance without opinion” procedure; it also objects to EOIR’s proposal to allow to permanent members of the BIA issue precedent decisions. The comment was submitted on August 18, 2008.

Timeliness of BIA Appeal

The LAC argues in this amicus brief that the Board has the authority to consider a late appeal in unique circumstances and that the failure of a guaranteed overnight delivery service to deliver the appeal on time constitutes a “unique” circumstance justifying acceptance of the late appeal.

  • Liadov, et al v. Gonzales            8th Circuit                        No. 06-3522

Ineffective Assistance of Counsel

The LAC has long worked to protect the right to effective assistance of counsel in removal proceedings. Read more about our efforts at our Ineffective Assistance of Counsel advocacy page.

Lessons for Students in Waking in Oak Creek

On the morning of August 5, 2012, six worshippers were murdered at a Sikh temple in the small Midwestern town of Oak Creek, Wisconsin. Many of the persons present at the time of the shooting were women and children. The lone gunman identified himself as a white supremacist. The senseless violence was halted by the bravery of Lieutenant Brian Murphy, shot 15 times during the attack. Too often we hear similar stories of hate and racism and less frequently do we hear about how families of victims, schools and communities come together to grieve and to remember, to rebuild and work together to ensure that such violence doesn’t happen again. 

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Year Released: 2016

Illegal Immigrants Account for 8% of U.S. Newborns, Study Shows

Published on Thu, Aug 12, 2010

Because some of these children have one parent who is a legal resident, the Pew study doesn’t bolster the argument to change the 14th amendment, said the Immigration Policy Center, a Washington-based organization that opposes Graham’s initiative.

Published in the Bloomberg

Fair Procedures in Immigration Court

For far too long, immigration courts have failed to provide a fair, efficient and effective system of justice for noncitizens in this country. Through advocacy and litigation, the American Immigration Council works to ensure all noncitizens have a meaningful opportunity to be heard. The Council also has issued a number of practice advisories regarding immigration court and Board of Immigration Appeals procedures.

CASES | ADVOCACY | RESOURCES

CASES

Immigration Judges’ Duty to Develop the Record

In re C-C-C- (BIA amicus brief filed Aug. 17, 2015): The Council submitted an amicus brief arguing that immigration judges’ duty to develop the record is particularly important in pro se litigants’ cases, and that this duty requires immigration judges to provide noncitizens with information about the types of relief they are seeking and to actively elicit relevant information.

Pro Se Waivers of Appeal

Romero-Escobar v. Holder (9th Cir. amicus brief in support of petition for rehearing filed Apr. 16, 2015): The Council and the National Immigration Project of the National Lawyers Guild submitted an amicus brief in support of rehearing addressing immigration judges’ duty, in pro se cases, to fully inform litigants of the consequences of their legal decisions and to ensure that any waivers of appeal are knowing and intelligent. The Ninth Circuit denied the petition for rehearing in a non-precedent decision.

Group HearingsRead more...