Federal Courts/Jurisdiction

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

  • Practice Advisories

Litigation for Business Immigration Practitioners

This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.

All Federal Courts/Jurisdiction Content

  • Press Release

Immigration Advocacy Groups Urge Supreme Court to Interpret Child Status Protection Act Broadly

November 6, 2013

Washington, D.C.—This week, the American Immigration Council filed an amicus curiae

  • Practice Advisories

How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

Publication Date: 
October 23, 2013
Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.
  • Press Release

First Circuit Holds That Immigrants Can Pursue Cases From Outside the United States

October 1, 2013

Washington, D.C. - Last week, the First Circuit Court of Appeals held that individuals who have been depor

  • Press Release

ICE Agrees to Release Thousands of Previously-Withheld Records

August 2, 2013

Washington, DC – Yesterday, a U.S.

  • Press Release

Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges

June 6, 2013

Washington, DC - The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immig

  • Fact Sheet

Background on Judicial Review of Immigration Decisions

Publication Date: 
June 1, 2013

“Judicial review” refers to federal court review of an immigration agency decision. Some individuals whose immigration benefits applications are denied or who are ordered removed from the United...

  • Press Release

Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues

May 3, 2013

Washington, D.C.—Last week, the Supreme Court issued a decision in

  • Practice Advisories

The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

Publication Date: 
April 29, 2013
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.
  • Press Release

Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling

April 23, 2013

For Immediate Release

  • Press Release

Federal Judge Orders USCIS to Release Records on Access to Counsel

November 29, 2012

This week, a federal district court issued an opinion highly critical

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