Issue Brief: Qualified Immunity in Immigration
This issue brief discusses qualified immunity in immigration.
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This issue brief discusses qualified immunity in immigration.
Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many immigration application forms, including those available to young people, and would have limited access to fee waivers. The rule was blocked by federal courts, and after President Biden took office, the
This practice advisory explains how Borden v. United States affects the definition of a ‘crime of violence’ for immigration law purposes. Borden effectively held that the definition of a “crime of violence” under 18 U.S.C. § 16(a), relevant to both the aggravated felony crime of violence and crime of domestic violence deportability grounds, excludes crimes with a recklessness mens rea. Borden reverses adverse case law in the Fifth, Sixth, Eighth, and Tenth circuits. The advisory also includes a
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This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the exemptions from FOIA that agencies are most likely to invoke in immigration cases, and lays out the basics of bringing a federal district court challenge to an agency’s failure to disclose certain documents. In addition, the Practice Advisory collects the FOIA policies of the most relevant immigration agencies i
Practice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively.
Immigration law has its own definition of what constitutes a criminal conviction. The Board of Immigration Appeals (BIA) and other courts have held that certain types of pretrial diversion and intervention agreements that result in dismissal under state law can still constitute a conviction for immigration purposes. Practitioners must pay close attention to the structure of such agreements, and the variety of available diversion programs, when evaluating a client’s criminal history and advising
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“Amicus Curiae Brief in Maria Luisa Rodriguez Tornes vs. William P. Barr” NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender bas
In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political o
This practice advisory discusses the origins of realistic probability in immigration law, national case law on realistic probability, and litigation issues currently before the immigration agencies and federal courts.