Flores Villar v. United States (Supreme Court, NIJC as amicus)
In Flores-Villar, an individual defended himself against a charge of illegal reentry by claiming that it would be unconstitutional and violative of Equal Protection to consider him an alien. The relevant statute provided that a child of...
Chamber of Commerce v. Candelaria (NIJC as amicus, Supreme Court)
This case asked whether an Arizona statute which creates state provisions regarding employment of undocumented individuals – including requiring the use of the federal electronic employment verification system and harshly punishing employers who hire...
The Seventh Circuit, interpreting 8 C.F.R. § 212.5(c) and INA § 212(d)(5)(A) in this case, found that when the government chooses to terminate a person’s advance parole, it must place that person back into the same status he occupied before receiving the advance parole grant. Dr. Samirah, the court held, should be permitted to return to...
This case presented similar issues to Afanwi v. Mukasey, with the difference that the ineffective assistance of counsel occurred prior to removal proceedings rather than after those proceedings had terminated. The Supreme Court certiorari petition was filed pro se by the asylum seeker, who thereafter requested...
The Supreme Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration courts refuse to do so.
The Seventh Circuit held that a decision whether to “reopen” a removal proceeding is inherently discretionary, and thus beyond judicial review other than...
The Seventh Circuit found that the district court has power to make a citizenship finding for an individual who was once in removal proceedings.
Angela Ortega was put into removal proceedings in 2002, but obtained termination with prejudice in 2003 after proving that she had acquired citizenship through her father. At the time the...
The Seventh Circuit found that former gang membership is a cognizable particular social group for asylum purposes.
In this case, the National Immigrant Justice Center challenged the Board of Immigration Appeals’ (BIA) determination that individuals fearing persecution by powerful Central American gangs cannot obtain asylum in...
The Seventh Circuit ruled that a personal change in circumstances can support reopening for asylum if it occurs abroad.
Roome Joseph was a derivative asylum applicant on her parents' failed asylum application; her family returned to Pakistan after losing the case. She had Americanized, however, and did not want to return...
The Seventh Circuit reversed Mr. Castilho de Olveira's asylum denial and harshly criticized the immigration judge’s bias and illogical analysis of the case.
In this case involving a detained juvenile from Brazil, the immigration judge found the petitioner’s story implausible after making various errors, which included comparing...
In Nken, the Supreme Court considered the proper standard for deciding whether to stay removal for a person challenging a removal order.
The National Immigrant Justice Center assisted Nken’s counsel in crafting arguments and led the effort to produce an amicus brief arguing that harsher standards supported by the U.S. government...
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