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Issue Briefs and Other Resources |
|
INFORMATION FROM NILC |
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 |
Administration
Announces Harsh New Immigration Measures (article) and
List of announced measures:
"Improving Border Security and Immigration Within Existing Law"
(Depts. of Homeland Security & Commerce, 8/10/07) |
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The Orantes Injunction and
Expedited Removal
(PDF) (posted 7/26/06) (For more on the Orantes injunction, see the "Arrest and Detention" page.)
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NON-NILC
INFORMATION |
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See Matter of Compean, under "Litigation,"
below. |
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A Child Alone and Without Papers (Center
for Public Policy Priorities). Reveals what happens to more than
43,000 undocumented, unaccompanied children removed annually from the
U.S. and repatriated to their home countries: The U.S. often compromises
children's rights, safety, and well-being, contrary to international law
and U.S. child welfare standards. (11/08) |
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Questions and Answers about the
Vietnamese Repatriation Agreement (Community Advisory
from the Asian Law Caucus and the Vietnamese American Bar Association of
Northern California) (2/08)
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Litigation |
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Matter of Compean,
25 I & N Dec. 1 (A.G. 2009) (U.S. attorney
general decision on claims regarding ineffective assistance of counsel
in removal proceedings) (vacates previous AG order (at 24 I & N Dec.
710 (A.G. 2009), see below). (Posted 6/3/09)
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Immigrants' Rights Organizations Sue
DHS for Public Accountability about Deportation Program That Sidesteps
Legal Process for Immigrants (11/12/08)
Backgrounder: Stipulated
Removal
(11/12/08)
Complaint for Injunctive
Relief for Violation of the Freedom of Information Act
(filed 11/12/08)
Los Angeles
Times editorial:
Immigration Authorities
Need to Release the Guidelines They Use in Deciding
'Stipulated Removal' Cases (11/14/08)
|
Immigrants' Rights Update Articles
(back
to IRU index) |
|
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Supreme
Court finds reinstatement of removal applies to pre-IIRIRA entries (8/23/06) |
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The
Orantes injunction and expedited removal: An issue brief
(8/23/06) |
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DHS
announces latest in series of expedited removal expansions: Entire U.S.
border now covered (3/23/06) |
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Morales-Izquierdo v. Ashcroft
|
9th Circuit grants en banc rehearing
and vacates ruling that invalidated reinstatement regulations (12/22/05) |
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Bona v. Gonzales |
9th
Circuit rules arriving noncitizens may apply for adjustment while in
removal proceedings (12/22/05) |
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Fernandez-Vargas v. Gonzales, Fernandez-Vargas v. Ashcroft |
Supreme
Court to decide reinstatement of removal case (12/22/05) |
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Orantes-Hernandez v. Gonzales
| DHS
seeks to dissolve Orantes permanent injunction in order to use
expedited removal against Salvadoran class members (12/22/05)
(posted under "Arrest and Detention") |
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BIA:
Accumulation of continuous presence for cancellation of removal not
interrupted by brief departure and unsuccessful attempt to reenter at
border, absent a formal removal or voluntary departure (10/5/05) |
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EOIR Publishes Interim
Rule on Background and Security Checks for Applicants Granted Relief in
Proceedings (3/31/05) |
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Jama v. Immigration and Customs Enforcement |
Supreme Court Rules DHS May Remove Noncitizen
to a Country That Has Not Consented to the Removal (2/10/05) |
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Succar v. Ashcroft |
1st Circuit Invalidates Regulation Barring
"Arriving Aliens" From Adjusting While In Removal Proceedings
(2/10/05) |
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Morales-Izquierdo v. Ashcroft
|
9th Circuit Rules Reinstatement Regulations Violate
the
INA by Authorizing Removal without a Hearing Before an IJ (12/22/04) |
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Arreola-Arreola v. Ashcroft |
9th
Circuit Finds Habeas Jurisdiction to Consider Constitutional Challenge to
Underlying Removal Order in Reinstatement Case
(11/8/04) |
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Perez-Gonzalez v. Ashcroft |
9th
Circuit Finds Adjustment of Status Available to Noncitizen Subject to
Reinstatement of Removal (11/8/04) |
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DHS Expands Use
of Expedited Removal
(9/21/04) |
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Barahona-Gomez
v. Ashcroft |
Deadline
for filing motions to reopen under Barahona settlement extended
to Mar. 20, 2005
(9/21/04) |
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DHS & AG Issue Proposed Rule on Countries
to
Which Noncitizens Can Be Removed (8/9/04) |
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Matter of K-A- |
BIA Upholds Authority
of Immigration Judges
to Grant Waivers for Asylees Seeking to Adjust to LPR Status
(8/9/04) |
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Mexicans Detained for Illegal Entry
in Arizona-Sonora Region Can Opt for "Interior Repatriation"
(8/9/04) |
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Civil Liberties Restoration Act Introduced
to Counter Post-9/11 Erosion of Basic Protections (6/18/04) |
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U.S. ICE
to Expand to Denver and
Atlanta Districts Its Pilot Project to Detain Immigrants at Immigration
Court (4/2/04) |
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All
Practitioners Will Be Required to Register with EOIR under Proposed Rule
(2/17/04) |
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BIA Backlog Merely Shifted to Federal
Courts, Study Finds (12/18/03) |
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Haoud v. Ashcroft |
1st Circuit Overturns BIA "Affirmance Without
Opinion" (12/18/03) |
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|
Nwakanma
v. Ashcroft, Villanueva v. Ashcroft |
6th
and 9th Circuits Rule on Courts' Authority to Stay Voluntary Departure
Period Pending Appeal (12/18/03) |
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|
Ali Ali v. Ashcroft |
9th Circuit
Upholds Nationwide Injunction of Removals to Somalia (10/21/03) |
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|
El
Himri v. Ashcroft |
9th
Circuit Rules Court Can Stay the Period for Voluntary Departure Pending
Review of a Removal Order
(10/21/03) |
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Hernandez
v. Ashcroft |
9th
Circuit Overturns BIA Denial of VAWA Suspension Based on Narrow Interpretation
of "Extreme Cruelty" (10/21/03) |
|
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Ogbudimkpa v. Ashcroft |
3rd Circuit Finds CAT Denial Reviewable
by
Habeas Petition (10/21/03) |
|
|
Khodagholian v. Ashcroft |
9th
Circuit Overturns BIA Finding That LPR Abandoned Status (9/4/03) |
|
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Falcon Carriche v. Ashcroft |
9th
Circuit Rules BIA "Streamlining" Procedures Constitutional (9/4/03) |
|
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August Deadline Approaching for Motions
to Reopen Under Walters Settlement (7/15/03) |
|
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Busquets-Ivars v. Ashcroft |
9th Circuit Overturns BIA Denial
of Motion
to Reopen In Absentia Order Based on Notice Mailed to Wrong Zip Code
(7/15/03) |
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|
Romero-Torres v. Ashcroft |
9th
Circuit Finds No Jurisdiction to Review BIA'S Determination That Cancellation
Hardship Requirement Not Met (6/3/03) (posted under "Judicial
Review of Immigration Decisions") |
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Ramirez-Alejandre
v. Ashcroft |
9th Circuit Rules BIA's Failure to Consider Post-Hearing Evidence Violated
Due Process (6/3/03) (posted under "Judicial Review of
Immigration Decisions") |
|
|
Five
Veteran BIA Members Forced to Resign (6/3/03) |
|
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EOIR Issues Notice about Settlement
of Class Action for Suspension of Deportation Applicants (4/8/03) |
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New Regulations Fold INS into DHS,
Address Division of Immigration Jurisdiction Between DHS and DOJ (4/8/03) |
|
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Ramirez-Alejandre v. Ashcroft |
9th
Circuit Rules BIA Violated Due Process by Refusing to Consider New Evidence
on Appeal (4/8/03) |
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|
Salta v. INS |
9th Circuit Remands
Motion to Reopen in Absentia Hearing under IIRIRA (4/8/03) |
|
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Zazueta-Carrillo v. Ashcroft |
9th
Circuit Finds Filing of Petition for Review Does Not Suspend Deadline
for Voluntary Departure Granted by BIA (4/8/03) |
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Ali Ali v. Ashcroft |
District
Court Enjoins Removals to Somalia (2/21/03) |
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BIA: LPR Who Obtained Status through
Fraud or Misrepresentation Not Eligible for LPR Cancellation (In
re Kolomatangi) (2/21/03) |
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BIA: Service of NTA by Certified Mail
on Correct Address Is Adequate, Even If Returned As "Unclaimed" (Matter
of M-D-) (2/21/03) |
|
|
Dept. of Homeland Security: Immigration
Enforcement Restructured, Appointments for New Dept. Made (2/21/03) |
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Justice Dept.'s "Patriot
II" Bill Would Make Sweeping Immigration Changes (2/21/03) (posted
under "Congressional Developments") |
|
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Ali Ali v. Ashcroft:
District
Court Enjoins Removals to Somalia (12/23/02) |
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|
Barahona-Gomez
v. Ashcroft:
Court Approves Settlement
in Class Action for Suspension Applicants (12/23/02) |
|
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BIA Issues Two Decisions on Notice
Requirements for Juveniles (12/23/02) |
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Cano-Merida v. INS:
9th
Circuit Finds That IJ Violated Due Process by Denying a Respondent Opportunity
to Present Evidence (12/23/02) (posted under "Judicial Review
of Immigration Decisions") |
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Doan v. Ins:
9th Circuit Rules
INS Can Require Bond to Ensure Compliance with an Order of Supervision
(12/23/02) |
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Dobrota v. INS:
9th Circuit
Finds Failure to Serve Notice of Hearing on Attorney Violates Due Process
(12/23/02) |
|
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Reinstatement of Removal Held to Not
Apply to Special Immigrant Juvenile Adjustment (12/23/02)
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DOJ Requires Certain Nonimmigrants
Admitted to the U.S. Before Sept. 11, 2002, to Appear for "Special Registration"
by Dec. 16, 2002 (11/22/02) |
|
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INS Expands Expedited Removal to Haitians
Arriving by Sea (11/22/02) |
|
|
Lawsuit
Challenges BIA Restructuring Regulations (11/22/02) |
|
|
Barahona-Gomez
v. Ashcroft:
Settlement Preliminarily Approved
in Class Action for Suspension Applicants (10/21/02) |
|
|
Ekimian
v. INS: Ninth Circuit Finds No Jurisdiction
to Review BIA Refusal to Reopen Deportation Proceedings Sua Sponte
(10/21/02) |
|
|
Matter of Recinas:
BIA Clarifies
Hardship Standard for Non-LPR Cancellation of Removal (10/21/02)
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|
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AG Issues Proposed Rule on Requirements
That Immigrants Report Changes of Address (9/10/02) |
|
|
Attorney General Issues Final Rule
to Reform BIA (9/10/02) |
|
|
Detroit Free Press v. Ashcroft:
6th
Circuit Affirms Injunction Prohibiting Blanket Closing of Immigration
Hearings (9/10/02) |
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DOJ Issues Final Rule on Registration
of Nonimmigrants (9/10/02) |
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|
Ashcroft v. North Jersey Media Group:
Supreme
Court Stays Injunction of Closed Immigration Hearings (7/15/02) |
|
|
BIA: Residence in U.S. Following Admission
as Nonimmigrant Counts Towards 7-Year "Continuous Residence" Requirement
for LPR Cancellation (Matter of Blancas-Lara) (7/15/02) |
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|
EOIR
Regulation Authorizes Protective Orders Closing Immigration Hearings
(7/15/02) |
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Maharaj v. Ashcroft:
9th Circuit
Rules That Heightened Injunction Standard Not Applicable to Stay Pending
Court's Review of Habeas Denial (7/15/02) |
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Matter of Andazola-Rivas:
BIA
Rules on Standard for Non-LPR Cancellation (7/15/02)
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Matter of Romalez-Alcaide:
BIA
Rules "Continuous Physical Presence" for Purposes of Non-LPR Cancellation
Is Terminated by a Voluntary Departure (7/15/02) |
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9th
Circuit Issues General Order Re: Issuing Stays in Petitions for Review
(7/15/02) |
|
|
Weng v. U.S. Attorney General:
11th
Circuit Finds Heightened Injunction Standard Applies to Stays of Removal
Pending Direct Judicial Review (7/15/02) |
|
|
AG Issues Proposed Rule Requiring
"Surrender" of Noncitizens (5/30/02) |
|
|
3d Circuit: Unless BIA Remand Is Expressly
Limited, IJ Has Jurisdiction to Grant Any Relief for Which Respondent
Is Eligible (Johnson v. Ashcroft) (5/30/02) |
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Vargas-Garcia v. INS:
9th Circuit
Finds BIA Summary Dismissal of Appeal Violates Due Process Because of
Misleading Appeal Form and Lack of Notice (5/30/02) |
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BIA: Motion to Reopen to Apply for
Adjustment Based on Marriage Occurring after Proceedings Commenced May
Be Granted Prior to Visa Petition Approval in Some Circumstances (Matter
of Velarde-Pacheco) (4/12/02) |
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Detroit Free Press, et. al., v. Ashcroft, et al.:
Michigan
District Court Preliminarily Enjoins Closed Removal Hearings (4/12/02) |
|
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INS Proposes New Restrictions on Visitor
and Student Visas, "Surrender" Requirement for Immigrants with Final Removal
Orders (4/12/02) |
|
|
Rodriguez-Lariz, Guevara-Martinez v. INS:
9th
Circuit Overturns BIA Denial of Second Motion to Reopen Due to Ineffective
Assistance of Counsel (4/12/02) |
|
|
ACLU Files Suit to Challenge Closed
Immigration Hearings (2/28/02) |
|
|
Attorney General Proposes Major Changes
at BIA (2/28/02) |
|
|
Mancilla De Rodriguez, et al., v. Ashcroft, et al.:
Lawsuit
Challenges INS Denial of Fee Waivers (2/28/02) |
|
|
Montero-Martinez v. Ashcroft:
9th
Circuit Overrules Earlier Decision to Find Jurisdiction Over Issues of
Eligibility for Discretionary Relief from Removal (2/28/02) |
|
|
Socop-Gonzalez v. INS:
9th
Circuit Issues En Banc Decision Finding the Deadline for Motions to Reopen
Deportation Proceedings Is Subject to Equitable Tolling (2/28/02) |
|
|
Alvarenga-Villalobos v. Ashcroft:
9th
Circuit Rules Reinstatement Statute Bars Challenge to Prior Deportation
Order That Was Based on Retroactive Application of AEDPA (12/20/01) |
|
|
Attorney
General Advises Federal Agencies to Withhold FOIA Information (12/20/01) |
|
|
Bejjani v. INS:
6th Circuit
Rules Reinstatement of Removal Not Applicable Where Reentry Occurred Prior
to April 1, 1997 (12/20/01) |
|
|
BIA: "Unusual or Outstanding
Equities" Requirement Not Applicable to LPR Cancellation Adjudications (Matter of Sotelo-Sotelo) (12/20/01) (posted under "Removal
Issues Concerning Criminal Convictions") |
|
|
Bush Orders Military Tribunals for
Noncitizens Accused of Terrorist Acts (12/20/01) |
|
|
Chief
Immigration Judge Issues Guidelines for Secret Removal Hearings (12/20/01) |
|
|
Yeboah v. INS:
PA
District Court Denies INS Motion to Dismiss Review of Agency's Refusal
to Consent in Special Immigrant Juvenile Case (12/20/01) (posted under
"Obtaining Lawful Permanent Residence Status") |
|
|
Antiterrorism Act Expands Detention
and Removal Authority, Benefits Immigrants Hurt by Sept. 11 Events
(11/16/01) (posted under "Arrest and Detention") |
|
|
BIA: In Absentia Removal Order May
Not Be Entered Where the Record Reflects That Respondent Did Not Receive
Mailed NTA (Matter of G-Y-R-) (11/16/01) |
|
|
Gallo-Alvarez v. Ashcroft:
9th
Circuit Finds INS Can Reinstate Removal Order after Voluntary Departure;
Transfers Case to District Court to Resolve Factual Issues (11/16/01) |
|
|
Otarola v. INS:
9th Circuit
Orders BIA to Adjudicate Suspension Case under Pre-IIRIRA Law Where IJ
Properly Granted Suspension and INS Appeal Was Meritless (11/16/01) |
|
|
EOIR Issues Interim Rule for Motions
to Reopen NACARA Suspension and Cancellation Cases Pursuant to LIFE Act
Amendments (10/8/01) |
|
|
Meng Li v. Eddy:
9th
Circuit Dismisses Habeas Petition Challenging Expedited Removal (10/8/01)
(posted under "Judicial Review of Immigration Decisions") |
|
|
Andreiu v. Ashcroft:
9th
Circuit Holds That IIRIRA Did Not Modify the Standard for a Stay of Removal
(8/31/01) (posted under "Judicial Review of Immigration Decisions") |
|
|
Walters v. Reno:
INS Completes
Vacating Document Fraud Orders Under Settlement; Two-Year Filing
Period For Motions To Reopen Begins (8/31/01) (posted under "Immigrants
& Employment – INS Workplace Enforcement") |
|
|
BIA: IJs Have Jurisdiction over Arriving
Aliens' Applications for Adjustment under Cuban Adjustment Act (Matter
of Artigas) (6/29/01) (posted under "Obtaining Lawful Permanent
Residence Status") |
|
|
BIA Issues Decisions Interpreting
Hardship Standards in Suspension and Cancellation Cases (6/29/01) |
|
|
Guadalupe-Cruz v. INS:
9th
Circuit Overturns Premature Application of "Stop-Time Rule" (3/29/01) |
|
|
Barahona-Gomez, et al. v. Reno, et al.:
9th
Circuit Affirms Preliminary Injunction in Class Action Case for Suspension
Applicants (2/28/01) |
|
|
BIA: Motion to Remand Amounts to Second
Motion to Reopen, Therefore Barred by Time and Numerical Limits (In
re Oparah) (2/28/01) |
|
|
Castro-Cortez v. INS:
9th Circuit
Rules on Reinstatement of Removal (2/28/01) |
|
|
Kaur v. INS:
9th Circuit Remands
Case Due to IJ's Refusal to Issue Subpoena (2/28/01) |
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|
Ram v. INS:
9th Circuit Decides
"Stop-Time" Rule Applies to Suspension Cases, Bars Accumulating Time after
Issuance of OSC (2/28/01) |
|
|
Attorney General Issues Proposed Rule
for "Repapering" to Allow Applications for Cancellation of Removal
(12/27/00) |
|
|
INS Commissioner Issues Guidance on
Prosecutorial Discretion (12/27/00) |
|
|
INS Issues Foreign Travel Advisory
for Persons with Pending Immigration Applications (12/27/00) |
|
|
Balbir Singh v. INS: BIA Improperly Applied New Evidentiary Standard in
Denying Motion to Reopen in Absentia Order (7/26/00) |
|
|
EOIR and
INS Issue Final Rule on Professional Conduct for Practitioners (7/26/00) |
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|
BIA: Absent
Full Explanation by IJ, Immigrant’s Acceptance of Final Removal Order
Doesn’t Amount to Waiver of Appeal Rights (In re Rodriguez-Diaz)
(6/6/00) |
|
|
BIA: Respondent
Must Waive Right to Appeal to Be Granted Precompletion Voluntary Departure
in Removal Proceedings (Matter of Ocampo-Ugalde) (6/6/00) |
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|
INS to
Postpone Reinstating Removal against ABC Class Members Pending
Further Review of the Issue (6/6/00) |
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|
9th
Circuit:
BIA Erred in Rejecting
Claim of Ineffective Assistance of Counsel (Castillo-Perez v. INS)
(6/6/00) (posted under "Judicial Review of Immigration Decisions") |
|
|
BIA: Applicants
for Suspension Can’t Accrue Continuous Physical Presence after OSC
Served (Matter of Mendoza-Sandino) (4/11/00) |
|
|
9th Circuit:
Ineffective Assistance of Counsel Waives Numerical Limit on Motions
to Reopen (Varela v. INS) (4/11/00) |
|
|
Prado-Hernandez v. Reno: District Court Finds Reinstatement of Removal Statute
Does Not Bar Adjustment under INA § 245(i) (4/11/00) |
|
|
Unlawful
Presence for Purposes of 3- and 10-Year Bars Tolled for Entire Time Nonimmigrants’
Applications for Change of Status or Extension of Stay Are Pending
(4/11/00) |
|
|
Matter of Kanga: BIA Rules INS § 212(a)(8)’s Bar to Admission
Applies Only to Evaders of Military Service (2/11/00) |
|
|
BIA: Info
Submitted with SAW Application May Not Be Used in Rescission Proceedings
(Matter of Masri) (12/28/99) |
|
|
BIA: No
Time or Numerical Restrictions Apply to Motions to Reopen in Absentia
Deportation Proceedings Entered Pursuant to INA § 242(b) (Matter
of Cruz-Garcia) (12/28/99) |
|
|
Matter of G-D-: BIA Will Reconsider Cases on Its Own Motion Because
of Law Change Only Where Change Is Fundamental (12/28/99) |
|
|
"Repapering"
Authorized for Immigrants Who’d Be Eligible for Suspension of Deportation
but for IIRIRA’s "Stop-Time" Rule (12/28/99) |
|
|
7th
Circuit: BIA Erred in Not Giving Respondent Chance to Contest Designation
of Country of Deportation (Kuhai v. INS) (12/28/99) (posted
under "Judicial Review of Immigration Decisions") |
|
|
BIA: Following
INS Denials, IJs and BIA Can Adjudicate Waiver of Inadmissibility for
Refugee Adjustment (In re H-N-) (11/17/99) |
|
|
New BIA
Procedures Permit Individual Member Review of IJ or INS Decisions
(11/17/99) |
|
|
Expansion
of Expedited Removal to Affect Persons Held in Texas Prisons (10/14/99) |
|
|
Matter of A–N– and R–M–N–:
BIA Grants Reopening to 2 Afghanis Ordered
Excluded in Absentia So They Can Apply for Asylum (8/30/99) |
|
|
Matter of Susma: BIA Rules Petition for Review Does Not Extend Deadline
for Motions to Reopen (8/30/99) |
|
|
9th Circuit:
Ineffective Assistance Tolls Deadline to File Motion to Reopen in Absentia
Deportation Order (Lopez v. INS) (8/30/99) |
|
|
In re Guzman-Arguera:
Respondent Ordered Removed in Absentia Must File Motion
to Reopen with Immigration Judge Before FIling Appeal to BIA (6/30/99) |
|
|
In re H–A–:
When Alien Marries During Proceedings,
Approved Family-Based Visa Petition a Prerequisite for Reopening (6/30/99) |
|
|
In re Perez:
Committing
Crime Terminated Continuous Residence of Alien Seeking Cancellation of
Removal (6/30/99) |
|
|
In re Ponce-Hernandez:
I-213 Supports in Absentia Deportability Finding against
Unaccompanied Minor (6/30/99) |
|
|
Matter of Arguelles-Campos:
BIA Rules on Availability of Voluntary Departure in
Removal Proceedings (6/30/99) |
|
|
EOIR Issues
Procedures for Handling Suspension and Cancellation Cases Once Allotment
for FY 1999 Runs Out (5/28/99) |
|
|
Barahona-Gomez, et al. v. Reno,
et al.:
Ninth Circuit Affirms Preliminary
Injunction in Class Action Suspension Case (4/30/99) |
|
|
In re N–B–:
No Time or Numerical Limits on Motions to Reopen in
Absentia Exclusion Proceedings, BIA Rules (4/30/99) |
|
|
Jerezano v. INS:
Ninth Circuit Reverses Denial of Motion to Reopen
Asylum Proceedings Based on Applicant's Slight Tardiness (4/30/99) |
|
|
Matter of Nolasco-Tofino:
BIA Rules IIRIRA’s "Stop-Time" Provision
Applies to Suspension of Deportation Cases (4/30/99) |
|
|
In re Tijam: BIA Finds Circumstances of Underlying Fraud Relevant
to Adjudication of Fraud Waiver (3/3/99) |
