• Issue Briefs and Other Resources

• Litigation

• Immigrants' Rights Update Articles

Issue Briefs and Other Resources

INFORMATION FROM NILC

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)

The Orantes Injunction and Expedited Removal (PDF) (posted 7/26/06) (For more on the Orantes injunction, see the "Arrest and Detention" page.)
 

NON-NILC INFORMATION

See Matter of Compean and Kucana v. Holder, under "Litigation," below.

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)

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)
 

Litigation

Immigrants' Rights Update Articles (back to IRU index)

Supreme Court finds reinstatement of removal applies to pre-IIRIRA entries (8/23/06)

The Orantes injunction and expedited removal: An issue brief (8/23/06)

DHS announces latest in series of expedited removal expansions: Entire U.S. border now covered (3/23/06)

Morales-Izquierdo v. Ashcroft | 9th Circuit grants en banc rehearing and vacates ruling that invalidated reinstatement regulations (12/22/05)

Bona v. Gonzales | 9th Circuit rules arriving noncitizens may apply for adjustment while in removal proceedings (12/22/05)

Fernandez-Vargas v. Gonzales, Fernandez-Vargas v. Ashcroft | Supreme Court to decide reinstatement of removal case (12/22/05)

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")

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)

EOIR Publishes Interim Rule on Background and Security Checks for Applicants Granted Relief in Proceedings (3/31/05)

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)

Succar v. Ashcroft | 1st Circuit Invalidates Regulation Barring "Arriving Aliens" From Adjusting While In Removal Proceedings (2/10/05)

Morales-Izquierdo v. Ashcroft | 9th Circuit Rules Reinstatement Regulations Violate the INA by Authorizing Removal without a Hearing Before an IJ (12/22/04)

Arreola-Arreola v. Ashcroft | 9th Circuit Finds Habeas Jurisdiction to Consider Constitutional Challenge to Underlying Removal Order in Reinstatement Case (11/8/04)

Perez-Gonzalez v. Ashcroft | 9th Circuit Finds Adjustment of Status Available to Noncitizen Subject to Reinstatement of Removal (11/8/04)

DHS Expands Use of Expedited Removal (9/21/04)

Barahona-Gomez v. Ashcroft | Deadline for filing motions to reopen under Barahona settlement extended to Mar. 20, 2005 (9/21/04)

DHS & AG Issue Proposed Rule on Countries to Which Noncitizens Can Be Removed (8/9/04)

Matter of K-A- | BIA Upholds Authority of Immigration Judges to Grant Waivers for Asylees Seeking to Adjust to LPR Status (8/9/04)

Mexicans Detained for Illegal Entry in Arizona-Sonora Region Can Opt for "Interior Repatriation" (8/9/04)

Civil Liberties Restoration Act Introduced to Counter Post-9/11 Erosion of Basic Protections (6/18/04)

U.S. ICE to Expand to Denver and Atlanta Districts Its Pilot Project to Detain Immigrants at Immigration Court (4/2/04)

All Practitioners Will Be Required to Register with EOIR under Proposed Rule (2/17/04)

BIA Backlog Merely Shifted to Federal Courts, Study Finds (12/18/03)

Haoud v. Ashcroft | 1st Circuit Overturns BIA "Affirmance Without Opinion" (12/18/03)

Nwakanma v. Ashcroft, Villanueva v. Ashcroft | 6th and 9th Circuits Rule on Courts' Authority to Stay Voluntary Departure Period Pending Appeal (12/18/03)

Ali Ali v. Ashcroft | 9th Circuit Upholds Nationwide Injunction of Removals to Somalia (10/21/03)

El Himri v. Ashcroft | 9th Circuit Rules Court Can Stay the Period for Voluntary Departure Pending Review of a Removal Order (10/21/03)

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)

Falcon Carriche v. Ashcroft | 9th Circuit Rules BIA "Streamlining" Procedures Constitutional (9/4/03)

August Deadline Approaching for Motions to Reopen Under Walters Settlement (7/15/03)

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")

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)

EOIR Issues Notice about Settlement of Class Action for Suspension of Deportation Applicants (4/8/03)

New Regulations Fold INS into DHS, Address Division of Immigration Jurisdiction Between DHS and DOJ (4/8/03)

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)

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)

Ali Ali v. Ashcroft | District Court Enjoins Removals to Somalia (2/21/03)

BIA: LPR Who Obtained Status through Fraud or Misrepresentation Not Eligible for LPR Cancellation (In re Kolomatangi) (2/21/03)

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)

Justice Dept.'s "Patriot II" Bill Would Make Sweeping Immigration Changes (2/21/03) (posted under "Congressional Developments")

Ali Ali v. Ashcroft: District Court Enjoins Removals to Somalia (12/23/02)

Barahona-Gomez v. Ashcroft: Court Approves Settlement in Class Action for Suspension Applicants (12/23/02)

BIA Issues Two Decisions on Notice Requirements for Juveniles (12/23/02)

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")

Doan v. Ins: 9th Circuit Rules INS Can Require Bond to Ensure Compliance with an Order of Supervision (12/23/02)

Dobrota v. INS: 9th Circuit Finds Failure to Serve Notice of Hearing on Attorney Violates Due Process (12/23/02)

Reinstatement of Removal Held to Not Apply to Special Immigrant Juvenile Adjustment (12/23/02)

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)

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)

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)

DOJ Issues Final Rule on Registration of Nonimmigrants (9/10/02)

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)

EOIR Regulation Authorizes Protective Orders Closing Immigration Hearings (7/15/02)

Maharaj v. Ashcroft: 9th Circuit Rules That Heightened Injunction Standard Not Applicable to Stay Pending Court's Review of Habeas Denial (7/15/02)

Matter of Andazola-Rivas: BIA Rules on Standard for Non-LPR Cancellation (7/15/02)

Matter of Romalez-Alcaide: BIA Rules "Continuous Physical Presence" for Purposes of Non-LPR Cancellation Is Terminated by a Voluntary Departure (7/15/02)

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)

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)

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)

Detroit Free Press, et. al., v. Ashcroft, et al.: Michigan District Court Preliminarily Enjoins Closed Removal Hearings (4/12/02)

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)

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")

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)