The case of Demiraj v. Holder involves a family of Albanians who fear persecution by a human trafficker, Bill Bedini. Edmond Demiraj was slated to testify against the trafficker, who escaped and fled. Mr. Demiraj was eventually deported to Albania, where he was kidnapped, beaten, and shot by Bedini. He then returned to the U.S. where...
Mr. Torres-Tristan is a Mexican man who reentered the United States unlawfully after a past removal. He sought to gain legal status, and avoid a reinstatement of removal by applying for a U Visa, which may be granted to victims of some types of criminal activity in the United States. After USCIS denied the U Visa, NIJC filed a...
Mr. Familia Rosario is a permanent resident who is alleged to be removable as an aggravated felon. He was convicted of aiding and abetting a conspiracy to import aliens for an immoral purpose (i.e., a house of prostitution). He pled guilty in a plea...
5th Circuit
Mr. Robertson-Dewar immigrated to the United States through his father, a U.S. citizen through naturalization. His father applied for him to obtain a certificate of citizenship when Mr. Robertson-Dewar was 15. The statute under which he should have become a citizen gave the DHS a duty to naturalize...
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...