NILA in Action

Supreme Court Amicus Brief Filed

NILA, in collaboration with Perkins Coie and the National Immigrant Justice Center, filed an amicus brief with the Supreme Court in Patel v. Garland. In our brief, we explain how, if the Immigration and Nationality Act’s restriction on federal court review of certain discretionary decisions is read as stripping federal courts of jurisdiction over nondiscretionary, …

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District Court Denies USCIS Attempt to Dismiss U Visa Delay Case

On August 18, 2021, in Alvarez Espino v. USCIS, the U.S. District Court for the District of Vermont denied a motion to dismiss filed by Defendant U.S. Citizenship and Immigration Services in NILA’s challenge to the agency’s unreasonable delay in placing the plaintiffs on the U visa waiting list. The court concluded that discovery was …

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Vangala v. USCIS – Post-Settlement Frequently Asked Questions

On July 20, 2021, in Vangala v. USCIS, a case litigated by NILA, NWIRP, and Van Der Hout LLP, a federal district court judge approved a final Settlement Agreement that provides relief to over 60,000 asylum and U visa applicants. Counsel for the plaintiffs prepared this FAQ explaining the terms of the Settlement Agreement and …

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Template Motion to Rescind In Absentia Removal Order In Light of Niz-Chavez v. Garland

NILA has created a template motion for individuals with in absentia orders in removal proceedings that were commenced by a defective Notice to Appear (NTA), i.e., an NTA that lacked the date and/or time of the removal hearing. Under Pereira v. Sessions, 138 S. Ct. 2105 (2019) and Niz-Chavez v. Garland, 141 S. Ct. 1474 …

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Supreme Court Amicus Brief Filed

NILA, in collaboration with Perkins Coie, NWIRP, and the ACLU, filed an amicus brief with the Supreme Court in Sanchez v. Mayorkas on March 1, 2021. In that case, the Supreme Court will decide whether certain holders of Temporary Protected Status are eligible to apply for lawful permanent resident status. Read our amicus brief here.

Practice Advisory on Litigating Delay Cases

NILA is pleased to release our latest practice advisory which focuses on challenging immigration benefit and other delays in federal court. This advisory, which details both claims brought under the Mandamus Statute and the Administrative Procedure Act, is issued jointly with the American Immigration Council. Read the advisory here.

Seeking Damages for Misconduct and Abuse by Immigration Officers under the FTCA

NILA’s latest practice advisory focuses on seeking monetary compensation under the Federal Tort Claims Act for the negligent acts or omissions, and, in some instances, intentional misconduct, of federal immigration officers. Originally written in 2013 by Priya Patel and NILA’s executive director, NILA staff updated the advisory in collaboration with NIPNLG staff. Read the advisory …

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Comment Submitted!

The Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law, Northwest Immigrant Rights Project, and NILA submitted a lengthy comment in response to proposed regulations related to three important legal mechanisms that are available to noncitizens in removal proceedings: motions to stay removal, motions to reopen, and motions to reconsider. …

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NILA – CILA Partnership!

NILA is pleased to announce a new partnership with the Children’s Immigration Law Academy of the American Bar Association,  or CILA. The partnership has three main components – trainings, technical assistance, and resource creation – to be delivered over the course of the coming year. We look forward to collaborating with, and contributing to, CILA’s ability to …

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