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Issue Briefs and Other Resources |
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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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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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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) |
|
|
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) |
|
|
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") |
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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) |
|
|
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) |
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Lawsuit
Challenges BIA Restructuring Regulations (11/22/02) |
|
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Barahona-Gomez
v. Ashcroft:
Settlement Preliminarily Approved
in Class Action for Suspension Applicants (10/21/02) |
|
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Ekimian
v. INS: Ninth Circuit Finds No Jurisdiction
to Review BIA Refusal to Reopen Deportation Proceedings Sua Sponte
(10/21/02) |
|
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Matter of Recinas:
BIA Clarifies
Hardship Standard for Non-LPR Cancellation of Removal (10/21/02)
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AG Issues Proposed Rule on Requirements
That Immigrants Report Changes of Address (9/10/02) |
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Attorney General Issues Final Rule
to Reform BIA (9/10/02) |
|
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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) |
|
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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) |
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Weng v. U.S. Attorney General:
11th
Circuit Finds Heightened Injunction Standard Applies to Stays of Removal
Pending Direct Judicial Review (7/15/02) |
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AG Issues Proposed Rule Requiring
"Surrender" of Noncitizens (5/30/02) |
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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) |
|
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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) |
|
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Attorney General Proposes Major Changes
at BIA (2/28/02) |
|
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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) |
|
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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) |
|
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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) |
|
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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) |
|
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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) |
|
|
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) |
|
|
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) |
|
|
INS to
Postpone Reinstating Removal against ABC Class Members Pending
Further Review of the Issue (6/6/00) |
|
|
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") |
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|
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) |
