NILA in Action

NILA and the Constitutional Accountability Center (CAC) teamed up to file an amicus brief to the Supreme Court in Santos-Zacaria v. Garland. In that case, the Supreme Court will decide: (1) whether the exhaustion provision of the Immigration and Nationality Act is a claim processing rule, and subject to equitable exceptions, or a jurisdictional rule, …

NILA and Constitutional Accountability Center File Supreme Court Amicus Brief Read More »

CILA, a project of the ABA’s Commission on Immigration, has partnered with the National Immigration Litigation Alliance (NILA) since 2020 to create many trainings and resources for advocates working with immigrant youth in federal courts. Covering a wide variety of topics and claims, these materials support practitioners by providing detailed trainings, sample pleadings, practice advisories, …

The CILA-NILA Partnership Offers Helpful Resources & Trainings for Representing Immigrant Youth in Federal Court Read More »

In LaParra-DeLeon v. Garland, NILA submitted an amicus brief and reply brief in support of the petitioner, on behalf of itself and three other immigrants’ rights organizations. The case, a petition for review of published BIA decision Matter of LaParra, involved a notice to rescind an in absentia removal order based on lack of notice. …

First Circuit Amicus Win Read More »

In DeCarvalho v. Garland, as part of NILA’s co-counseling program, we teamed up with Jen Klein of the Committee for Public Counsel Services on a petition for review. On November 17, 2021, the First Circuit held that an IJ erred by treating a drug distribution conviction as if it were a per se bar to …

Another Co-Counseling Program Win Read More »

In James v. Garland, NILA teamed up with solo practitioner, Kira Gagarin, on her first petition for review. The case involved whether the BIA erred by failing to consider our client’s argument that notice of appeal, made while she was pro se, detained, and “during the frenzied first month of the COVID-19 outbreak,” should be …

Co-Counseling Program Win in the First Circuit Read More »

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, …

Supreme Court Amicus Brief Filed Read More »

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 …

District Court Denies USCIS Attempt to Dismiss U Visa Delay Case Read More »

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 …

Vangala v. USCIS – Post-Settlement Frequently Asked Questions Read More »

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 …

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

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.