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Immigration Practice Resources

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NIWAP Library Amicus brief Oct 24, 2023

Aguilar-Jimenez

In the Matter of Aguilar-Jimenez, Board of Immigration Appeals (2002) Filed an amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono)

Removal defense VAWA / U / T BIA Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Cazorla v. Koch Foods of Mississippi,

Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information c

VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

In The Matter of: Suyi Varquero-Cubias

In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief in a case of a battered immigrant from El Salvador who separated from her abusive boyfriend and her abuser continued to stalk, sexually assault, and threaten her for the next two years until she fled in fear of her life for the United States. The Immigration Judge denied her asylum case based on t

Asylum BIA appeals Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Obiaga and Berrocal v. Ashcroft

Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).

Removal defense BIA appeals VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Rosalina Lopez-Umanzor

Rosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro

Removal defense VAWA / U / T Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Yessica Alvarado Euceda vs. Loretta Lynch

Yessica Alvarado Euceda vs. Loretta Lynch. NIWAP Inc. served as the lead amicus in an appeal of a denial of gender based asylum to the 5th Circuit Court of Appeals in the case of a Honduran battered immigrant who unsuccessfully attempted to end her relationship with her abusive boyfriend who was the father of her two children. The immigration judge and a single Board of Immigration Appeals judge denied gender based asylum to a battered mother who fled Honduras when she could find no protection f

Asylum Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 20, 2023

European Connections & Tours, Inc. v. Gonzales ,

European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).

Family-based practice Cross-forum Direct PDF
NIWAP Library Resource directory Oct 20, 2023

Gender Discrimination in U.S. Immigration Laws

Nguyen v. INS, 2000 (June 16 2000) U.S. App. LEXIS 6860 5th Circuit. Legal Momentum filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship.

Naturalization Children and SIJS Court of appeals
NIWAP Library Amicus brief Oct 20, 2023

Nguyen v. INS, 2000

Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16, 2000) Filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum)

Evidence and procedure Cross-forum Direct PDF
NIWAP Library Resource directory Oct 20, 2023

The International Marriage Broker Regulation Act

European Connections & Tours, Inc. v. Gonzales , (April 24 2006) United States District Court For Northern District of Georgia. Legal Momentum/NOW, represented by Crowell and Moring, in publishing social science research, legislative history, and editorial assistance to the Tahirih Justice Center in an amicus brief submitted supporting the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equa

Family-based practice Federal court Federal district court
NIWAP Library Amicus brief Oct 11, 2023

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce,

Removal defense VAWA / U / T USCIS Federal district court Direct PDF
NIWAP Library Amicus brief Oct 11, 2023

Maria Esterlina Perez Vigil v. U.S.

Maria Esterlina Perez Vigil v. U.S. (February 29 2016) 5 th Circuit Court of Appeals. NIWAP, and various Immigration Law Professors from Texas, filed an amicus curiae brief on behalf of Maria Esterlina Perez Vigil a victim of domestic violence, who had denied her request for asylum because she was able to move out the residence that she shared with the abuser. The brief discussed the dynamics of abusive relationships and explained that physical separation from an abuser rarely means that an abus

Asylum BIA Court of appeals Direct PDF