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Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho

American Immigration Council Practice advisory Nov 20, 2020 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure.

Topics

Employment Federal court Evidence and procedure

Forums

Cross-forum

Jurisdictions

National