Mary Giovagnoli, Director of the Immigration Policy Center at the American Immigration Council,...
LAC Practice Advisories provide in depth discussion and analysis of select substantive and procedural issues in immigration law. The Practice Advisories are intended to assist lawyers and do not substitute for individual legal advice supplied by a lawyer familiar with a client's case.
This practice advisory, written in collaboration with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights, provides innovative legal and procedural arguments and strategies for attorneys representing noncitizens 1) who are likely to be issued NTAs, 2) who have been issued NTAs that have not been filed with the immigration court, or 3) who have been issued NTAs that have been filed. It provides an overview of the legal requirements for an NTA and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA.
Published On: Monday, June 30, 2014 | Download File
Litigants who are successful in their federal court cases against the government may be able to recover attorneys’ fees and costs under the Equal Access to Justice Act (EAJA). The American Immigration Council and National Immigration Project have reissued their practice advisory on EAJA. The advisory discusses the statutory requirements for eligibility and other procedural and substantive aspects of filing an EAJA fee application.
Published On: Tuesday, June 17, 2014 | Download File
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
For more information, please visit our asylum clock litigation page and read the updated FAQ on the benefits provided under the settlement agreement of the nationwide class action, ABT. v. USCIS, which challenged policies related to employment authorization for asylum applicants.
Published On: Wednesday, February 5, 2014 | Download File
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
- Practice Advisory
- Sample Stay Motion
- Sample Stay Declaration
- Guidelines for Letters in Support of Stay Requests
Published On: Tuesday, January 21, 2014 | Download File
This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.
Published On: Wednesday, November 20, 2013 | Download File