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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

Candidates for fall elections confront political minefield of illegal immigration

Published on Sat, Aug 14, 2010

“The rhetoric surrounding the proposed repeal of birthright citizenship is divisive and runs counter to American values,” said a statement last week from the Immigration Policy Center.

Published in the Kansas City Star

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...

Students Refuse to Give Up on Dream Act, Despite Latest Setback

Published on Sun, Oct 10, 2010

A 2010 report released by the American Immigration Council estimates that there are 1.5 million undocumented children in the United States; every year, 65,000 undocumented students who have lived in the United States for over five years graduate from high school.

Published in the Immigrant Magazine

Litigation Clearinghouse Newsletter Vol. 3, No. 8

This issue covers class certification in two cases, one involving religious workers and the other surviving spouses; recently filed CSPA suits; the Supreme Court's decision to hear a 9/11 detainee Bivens action; and a request for lawyer declarations in a FOIA suit.

Published On: Thursday, July 10, 2008 | Download File

Enforcement and deportation costs skyrocket

Published on Tue, Dec 28, 2010

On the other side, the Immigration Policy Center, a nonprofit group in Washington, D.C., says legalizing the 11.1 million undocumented immigrants would increase the country's gross domestic product by $1.5trillion over 10 years.

Published in the Columbus Dispatch

Litigation Clearinghouse Newsletter Vol. 1, No. 13

This issue covers recent Supreme Court decisions on reinstatement of removal and adjustment of status for arriving aliens, a court of appeal

Published On: Thursday, June 29, 2006 | Download File