NILA in Action

NILA and Constitutional Accountability Center File Supreme Court Amicus Brief

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, …

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

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, …

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First Circuit Amicus Win

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. …

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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.

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