In Supreme Court Case Chaidez v. United States, NIJC Argues that Immigrants’ Right to Effective Assistance of Counsel Existed Pre-Padilla
Issue:
When a noncitizen is charged with a criminal offense, it can have far-reaching consequences for them and their families. Minor...
In Henriquez-Rivas v. Holder, NIJC filed an amicus brief in support of Ms. Henriquez-Rivas, an asylum-seeker from El Salvador. When Ms. Henriquez-Rivas was twelve years old, she witnessed members of Mara Salvatrucha (“MS”) kill her father. She then testified in court against three MS members, and two were...
NIJC and pro bono partner McDermott Will & Emery, filed a petition for review at the U.S. Court of Appeals for the Fifth Circuit, on behalf of a man from Mexico. Mr. Mejia entered the United States almost 40 years ago and quickly established roots in Chicago. He and his longtime U.S. citizen partner married in 2007 in...
NIJC filed an amicus brief before the Court of Appeals for the Ninth Circuit in support of Francisco Garfias Rodriguez, a Mexican man whose removal order based on the INA § 212(a)(9)(C) permanent bar was sustained by the Board of Immigration Appeals (“BIA”) despite the fact that he is married to a United States citizen wife and is the...
In June, the Seventh Circuit dismissed the Petition for Review in Anaya-Aguilar v. Holder, which sought to challenge the BIA's denial of sua sponte reopening. 683 F.3d 369 (7th Cir. 2012). NIJC blogged about the decision...
NIJC, with the American Immigration Council (AIC), filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of Cuellar de Osorio et. al.’s en banc rehearing. Briefing for the case is connected to a class action that takes up the same issue – interpretation of INA § 203(h)(3), 8 U.S.C. § ...
Ms. Wu came to the U.S. legally as a child with her parents, but because of attorney incompetence they were ordered to depart the country when she was 11. Further ineffective assistance led to a series of missteps as the family filed applications in the wrong place. New counsel eventually sought and obtained reopening in the...
In Granados Gaitan v. Holder, NIJC filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of Mr. Gaitan’s petition for rehearing. Mr. Gaitan is an asylum seeker from El Salvador. In El Salvador, MS-13 members attempted to recruit him, and threatened him and his family after he refused...
Represented by Sidley Austin LLP and Northwestern Law School, NIJC filed an amicus brief at the United States Supreme Court arguing against excessive deference being given to the Board of Immigration Appeals. The brief argued that the Supreme Court should reject the Board's aggressive assertion of its power to reject federal court...
April 22, 2009