NILA in Action

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 (2021), one can argue that they did not receive lawful notice of their removal hearing and, thus, the immigration judge should rescind the in absentia order. The template is here.

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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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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.

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