Highlighting data from the American Immigration Council's report "...
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REAL ID – General
The LAC argued that the Second Circuit is not required to transfer a habeas appeal pending on REAL ID’s enactment date to the Fifth Circuit even though the immigration judge proceedings occurred within the Fifth Circuit.
- Wilson v. Reno 2nd Circuit Nos. 04-5869, 04-5973
REAL ID and District Court Jurisdiction
The LAC argues in these amicus briefs that the district courts erred in dismissing appeals of CIS denials of adjustment applications, where the individuals were not in removal proceedings and where the adjustment applications were denied on non-discretionary statutory eligibility grounds.
- Lee v. USCIS 4th Circuit No. 08-1659
- Vaso v. Homeland Sec Agcy Dir, et al. 3rd Circuit No. 09-1988
- Kim Hur, et al. v. Gonzales 4th Circuit No. 05-2319
- Kim et al. v. Gonzales 4th Circuit No. 06-1943
- Durmaz v. Chertoff N.D. of Illinois No. 05-C-3885
REAL ID – One Year Deadline for Filing Asylum Applications
The LAC argues in this amicus brief that the court retains jurisdiction under 8 U.S.C. § 1252(a)(2)(D) where the agency applied incorrect legal standards relating to the sufficiency of evidence and the need for additional corroboration.
- Singh v. Gonzales 9th Circuit No. 05-72875