Federal Courts/Jurisdiction

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

  • Practice Advisories

Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

Publication Date: 
April 20, 2005
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.
  • Blog

USCIS and ICE Must Give People Access to Their Immigration Files After Losing Lawsuit

December 18, 2020

People who need access to their government immigration records scored a huge victory in the Nightingale et al. v. USCIS case on December 17. A judge ruled that a nationwide class of individuals...

  • Blog

Asylum Is In Danger After Court Upholds Rushed Screening Process at the Border

December 14, 2020

The Trump administration secretly implemented one of its most horrific attacks on America’s long tradition of asylum—holding asylum seekers in U.S. Customs and Border Protection (CBP) custody...

  • Blog

A Judge Fully Reinstated DACA, but Dreamers Are Still in Danger

December 7, 2020

A federal judge in New York has overturned the Trump administration’s latest effort to limit the Deferred Action for Childhood Arrivals (DACA) initiative. DACA temporarily protects certain people...

  • Blog

Federal Court Invalidates Changes to DACA Because Chad Wolf Was Unlawfully Appointed

November 16, 2020

A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the...

  • Blog

Trump’s Public Charge Rule Blocked Yet Again in Court

November 2, 2020

Update: On November 5, the Seven Circuit Court of appeals placed an administrative stay on the district court’s ruling, restoring the public charge rule at least temporarily. The Trump...

  • Blog

Ninth Circuit Court Allows Trump’s Plan to End Temporary Protected Status to Go Forward

September 14, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that the Trump administration’s termination of Temporary Protected Status (TPS) for four countries can proceed. The fate of nearly 250...

  • Blog

Legal Victory Brings Hope to Asylum Seekers Turned Away at the Border

August 12, 2020

Asylum seekers got a major win in a lawsuit challenging the Department of Homeland Security’s (DHS) illegal policy of turning back asylum seekers at ports of entry. In Al Otro Lado v. Wolf, a...

  • Blog

Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory

July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

  • Blog

Supreme Court Limits Court Oversight for Fast-Track Deportations  

June 25, 2020

The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations...

  • Blog

Supreme Court Safeguards Federal Court Review of Torture Protections

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

  • Press Release

Supreme Court Issues Disappointing Split Decision in United States v. Texas

June 23, 2016

Washington D.C. - Today, the Supreme Court issued a 4-4 decision in United States v.

  • Press Release

Lawsuit Seeks to Shed Light on Customs and Border Protection's Complaint Process

June 6, 2016

Washington D.C.

  • Press Release

Immigration Groups Seek Information on Customs and Border Protection’s “Translation” Activities in Northern Border States

June 4, 2016
Last week an alliance of immigration advocacy groups represented by the Legal Action Center filed Freedom of Information Act (FOIA) requests with U.S. Customs and Border Protection (CBP).
  • Press Release

Supreme Court Hears Oral Arguments in U.S. v. Texas

April 18, 2016

Washington D.C. - Today, the Supreme Court heard oral arguments in United States v. Texas.

  • Press Release

Practice Advisory on Supreme Court’s Favorable Decision in Vartelas v. Holder

April 5, 2016

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

  • Press Release

326 Immigrant Rights Groups Urge Supreme Court to Let Immigration Relief Programs Go Forward

March 8, 2016

WASHINGTON, D.C.

  • Press Release

Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician

February 17, 2016

Washington, D.C.

  • Press Release

Coalition Urges Supreme Court to Protect President’s Executive Actions on Immigration

December 1, 2015

Washington, D.C.

  • Press Release

Immigrant Rights Advocates Sue to Reveal Policies and Procedures at Artesia Family Detention Facility

October 21, 2015

Washington D.C. - Immigrant rights groups today filed Freedom of Information Act (FOIA) litigation to compel the

  • Press Release

Judge Stands Up for Refugee Families, Castigates Government for Policies That Traumatize Children

July 25, 2015

Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcomed a ruling by U.S.

  • Blog

Law Criminalizing ‘Encouragement or Inducement’ of Immigrants to Live in the US Unlawfully Is Upheld in SCOTUS Case

July 7, 2023

Written by Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or...

  • Press Release

Legal Advocates to File Lawsuit Challenging the Constitutionality of Florida’s Anti-Immigrant Law

July 1, 2023
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1.
  • Blog

Is Chevron deference on the Supreme Court’s chopping block?

May 24, 2023

The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal...

  • Blog

Supreme Court Declines to Impose New Hurdle on Immigrants Appealing their Cases

May 22, 2023

In a unanimous decision, the Supreme Court ruled last week that a transgender woman from Guatemala did not need to jump through an additional hoop—filing a new motion with the Board of Immigration...

  • Blog

Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?

February 17, 2023

In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect...

  • Practice Advisories

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

Publication Date: 
December 16, 2022
Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions.
  • Blog

The Supreme Court Takes on Enforcement Priorities and Other Immigration Questions in Its 2022 – 2023 Term

November 30, 2022

The Supreme Court will tackle more hot button immigration issues in its 2022 – 2023 term. Front and center is the Biden administration’s effort to set immigration enforcement priorities. But the...

  • Blog

DACA Is Facing a Crisis That the Senate Can No Longer Ignore

October 7, 2022

Written by Jorge Loweree and Raul Pinto of the American Immigration Council More than a decade after the U.S. Department of Homeland Security (DHS) first created the Deferred Action for Childhood...

  • Practice Advisories

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

Publication Date: 
September 14, 2022
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court.
  • Blog

Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program

June 30, 2022

Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in...

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending