Amicus Briefs
In this section you will find several amicus briefs submitted by ASISTA and other national organizations in support of survivors of crime of violence.
Amicus Briefs in Fee Waivers
Amicus Briefs in State Law Litigation
Iowa Migrant Movement for Justice v. Bird; United States v. State of Iowa (August 2024)
ASISTA and our co-chairs in the Alliance for Immigrant Survivors submitted amicus briefs before the Eighth Circuit in two cases challenging Iowa's anti-immigrant law passed in April 2024. The law, which is modeled after similar legislation in Texas and Oklahoma, purports to give the state authority to remove noncitizens without regard to whether they have a right to remain under current federal law or policy. The brief describes how the state law conflicts with protections for immigrant survivors and the impact of anti-immigrant policies on immigrant survivors of violence. ASISTA and our partners were represented by a stellar pro bono team from Nixon Peabody.
Click here to access the amicus brief.
Amicus Briefs
Hernandez v. Mesa Ruling (February 25, 2020)
The Supreme Court’s 5-4 ruling in Hernandez v. Mesa this week is inhumane and unjust. The decision insulates a border guard who shot and killed a child on Mexican soil. With numerous other groups advancing the rights of survivors, ASISTA filed an amicus brief highlighting the problem of sexual assaults committed by federal officers and the need to have recourse against such devastating violence. To see the amicus brief, click here and for the decision click here.
Amicus Briefs/U Visa Cases
ASISTA, AILA, & ICWC Amicus Brief 2024: Proper Analysis for "Qualifying Criminal Activity" (Oct. 2024)
On Monday, Oct. 28, AILA, ASISTA, and ICWC submitted a joint amicus brief to the US District Court for the Middle District of Florida, regarding the proper analysis USCIS should use to assess whether a crime underlying a U visa petition is “qualifying criminal activity.” The complainant in the case had been the victim of a strong arm robbery during which a felonious assault also occurred, but USCIS denied relief based on very narrow and stringent readings of the law. Drawing on a prior ASISTA brief, the amici argued for a more flexible category-based approach to the qualifying crime analysis and criticized the elements-only approach the agency typically employs. Should the lawsuit succeed, the way USCIS analyzes all U visa crimes could be improved and broadened so that more survivors can obtain the protections they need and deserve. Click here to access the Amicus Brief.
Amicus brief in Bouarfa v. Mayorkas (Supreme Court, July 2024), on importance of judicial review for survivor-based relief revocations
In July 2024, ASISTA and partners joined an amicus brief to the Supreme Court in the case of Bouarfa v. Mayorkas. The case centers on the judicial reviewability of DHS's revocation authority in the family-based immigration context, and the brief aims to highlight how any decision on such reviewability could also impact justice for survivors who are seeking or were granted U, T, or VAWA-based relief
Click here access the amicus brief.
ASISTA and Tahirih Amicus Brief in Rodriguez v. Mayorkas (2nd Circuit) (July 19, 2023)
ASISTA and Tahirih Justice Center, represented by Morgan, Lewis & Bockius, submitted an amicus brief in Rodriguez v. Mayorkas in the Second Circuit, in support of the plaintiff-appellant's argument that the district court erred by not finding jurisdiction to review legal errors committed by USCIS in the denial of Mr. Rodriguez's I-918 U visa petition and I-192 waiver of inadmissibility.
Click here to access the amicus brief.
ASISTA/NILA Brief in Support of Plaintiff-Appellant (9th Circuit) (June 23, 2023)
ASISTA and the National Immigration Litigation Alliance (NILA) filed an amicus brief regarding federal jurisdiction to review legal errors made by USCIS in the adjudication of U-based adjustment of status petitions.
Click here to access the amicus brief.
BIA Amicus Brief of Motions to Reopen Based on Criminal Vacatur (April 27, 2022)
Brief of Amici Curiae ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Esperanza United, and Tahirih Justice Center in support of the BIA's consideration of the impacts of domestic violence, sexual assault, human trafficking, or other forms of gender-based violence when determining whether to grant and untimely motion to reopen premised on a vacatur of a criminal conviction. Amici were represented pro bono by Alston & Bird.
Click here to access the request to appear. Click here to access the as-filed amicus brief. Click here to download the amicus brief in Word version.
Amicus Brief in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss (March 24, 2022)
ASISTA and Tahirih Justice Center filed this amicus brief.
Amicus Brief in V.U.C., et al. v. USCIS (1st Circuit) (December 8, 2021)
ASISTA and other amici filed this brief regarding USCIS's unreasonable delay in adjudicating U visa work authorization requests. Amici were represented pro bono by Nathan Warecki, Brianna Nassif, Lauren Maynard, and Myra Benjamin from Nixon Peabody.
Granados-Benitez v. Wilkinson (1st Cir.)(unpublished) (January 28, 2021)
The 1st Circuit found that the BIA had abused its discretion in failing to follow Matter of Sanchez-Sosa in adjudicating the U visa petitioner's Motion to Reopen and ordered remand. Amicus briefDecision
Amicus Brief in Gonzales Quecheluno v. Garland, No. 20-2200 (8th Cir. 2021)
ASISTA, ILCM, and NNEDV appeared as amici in this 8th circuit challenge based on Matter of Sanchez-Sosa. Amici were represented pro bono by Jeffrey Justman and Kelvin Collado of Faegre Drinker Biddle and Reath.
ASISTA Amicus 9th Circ. U Spouses (May 28, 2020)
ASISTA argues that DHS regulations prohibiting U visas for after-acquired spouses of crime victims violates the Congressional goals of the U visa law.
ALERT: ASISTA Submits Amicus on Erosion on Continuances and Admin Closure for Survivors of Violence (February 11, 2020)
Yesterday, ASISTA, along with our partners, submitted an amicus brief challenging EOIR's erosion of docketing tools like continuances and administrative closures. This errosion results in limiting access to critical immigration relief for survivors of domestic violence, sexual assault, human trafficking and other serious crimes.
ASISTA was joined in this brief by American Immigration Lawyers Association (AILA), Asian Pacific Institute on Gender-Based Violence (API-GBV), National Immigrant Justice Center (NIJC), Kentucky Coalition Against Domestic Violence, Ohio Domestic Violence Network, and Tennessee Coalition to End Domestic and Sexual Violence. We are grateful to our allies for helping protect and advance the rights of survivors.
Special thanks to Grace Huang, Chuck Roth, Elissa Steglich, Russell Abrutyn, Sabrina Damast and Patrick Taurel for their prompt and sage feedback. Thank you are also to Lily Axelrod of Siskind Susser PC for stepping in to serve as co-counsel for amici organizations.
To download the brief in Word version, please click here
9th Circuit Court of Appeals Decision on Perez Perez (November 22, 2019)
Decision from the 9th Circuit Court of Appeals reversing the district court's dismissal of a suit challenging a U visa petition denial for lack of jurisdiction. The panel held that § 701(a)(2) of the Administrative Procedure Act (“APA”) and 8 U.S.C. § 1252(a)(2)(B)(ii) do not bar judicial review of U visa petition denials:
"The discretionary denials are difficult in light of 242(a)(2)(B), and probably not challengeable in many courts. Arguably, however, a “discretionary decision” that fails to apply governing standards or fails to follow governing precedent decisions is not really a “discretionary decision” and should be reviewable. A good case is Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003)".
This decision is encouraging as ASISTA works with attorneys across the country to bring APA suits against DHS on various issues involving survivors' access to immigration benefits. We encourage anyone interested in representing their clients before federal courts on U visa/VAWA/T visa benefits to contact ASISTA's Litigation Counsel, Sejal Zota, for support and mentorship. You can also contact us to join our U Visa Litigation listserve where practitioners come together to share invaluable litigation strategy.
Congratulations to Henry Cruz on this great win!
Amicus Brief filed at the 9th Circuit on Sanchez-Sosa (November 4, 2019)
Many thanks to fellow authors: Brigit Greeson Alvarez and Victoria Bonds (intern extraordinaire) from LAFLA.Click here to download the Amicus Brief in Word version
Amicus Brief Seeking Reversal of Immigration Judge's Failure to Implement Matter of Sanchez-Sosa (July 15, 2019)
ASISTA, along with Freedom Network USA, Immigration Center for Women and Children, and the Tahirih Justice Center, submitted an amicus brief on continuances on U visa cases. Click here to download the Amicus Brief in Word version
Many thanks to fellow author: Nareeneh Sohbatian from Winston & Strawn, LA.
7th Cir. Amicus Brief on Sanchez Sosa Continuance Issues (February 19, 2019)
ASISTA, along with the Asian Pacific Institute on Gender-Based Violence, Casa de Esperanza, Futures Without Violence, National Alliance To End Sexual Violence, and the Tahirih Justice Center, submitted an amicus brief in the 7th Circuit Court of Appeals regarding how just must follow the guidelines outlined in the 2012 BIA case Matter of Sanchez Sosa, and how failing to do so contravenes the protections in found in the Violence Against Women Act. We are grateful to and for the tremendous effort of Greenberg Traurig in Chicago, IL for their pro bono representation. Special thanks to Greg Ostfeld, Brian Straw, Symone Shinton, Christopher Mair and Pamela Ickes. Click here to download the 7th Cir. Amicus Brief in Word version
Amicus Brief on Direct Victim Definition (April 23, 2018)
Here is the amicus brief we filed to the AAO with Her Justice and ICWC, Debevoise & Plympton doing the heavy lifting (and excellent crafting) for us. Thanks to all involved, great job!. Click here to download the Amicus Brief on Direct Victim Definition in Word version.
We suggest you use this framework when making your "not-obvious" victim arguments.
AAO Decision: AAO Adopts (and remands) for Category Approach to Felonious Assault? (May 15, 2018)
The AAO seems to have paid attention to our amicus arguments on U visa crimes as "categories" in their decision in the case in the case underlying our amicus, see attached redacted decision and the amicus. We will beed to keep pushing this is framework, however, so please continue using the arguments in the amicus when arguing crime categories. We do not, for instance, agree that the DV category contemplates only the facts involving decision relationships; many crimes are DV depending on the facts of the crimes, not just the relationships. One step at a time, thought! Note that the amicus strategy seems to work (gets their attention), so if you have a case that is likely to go up to the AAO on that issue that seems intractable at VSC, please let us know early in the process so we can round up a firm and organize the arguments we should all be using. Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shover & Jacobson for their excellent work on the amicus brief!
Amicus Brief in the AG Certification of Matter of L-A-B-R Regarding Continuances in Immigration Court (May 2, 2018)
ASISTA, along with Asian Pacific Institute On Gender-Based Violence, Casa De Esperanza, Freedom Network USA, Futures Without Violence, National Alliance To End Sexual Violence, National Coalition Against Domestic Violence, Sanctuary For Families, Tahirih Justice Center, and Washington State Coalition Against Domestic Violence, submitted an amicus brief in the Attorney General certification of Matter of L-A-B-R- regarding the need for continuances in immigration court and that curtailing the ability of judges to grant continuances undermines the protections in VAWA. We are grateful to and for the tremendous efforts of Jeanne Barenholtz and Kara Steger at Garvey Schubert and Barer, P.C. for their pro bono representation in this effort. Click here to download the Amicus Brief in Word version.
Amicus Brief to AAO on Category (February 27, 2018)
Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shiver & Jacobson for their excellent work on the amicus brief!
Amicus Brief on Bona Fide EAD for U Applicants (October 27, 2017)
Amicus brief filed by ASISTA Immigration Assistance, the Tahirih Justice Center, the National Center on Domestic and Sexual Violence, the Asian Pacific Institute on Gender-Based Violence, the National Network to End Domestic Violence, the National Violence Hotline, Freedom Network USA, the National Immigration Project of the National Lawyers Guild, the Coalition to Abolish Slavery & Trafficking, Casa de Esperanza, and the National Resource Center on Domestic Violence. Click here to download the Amicus Brief in Word version.
Many thanks to Celso Perez and Kurzban, Kurzban, Weinger, Tetzeli & Pratt for crafting the brief for us, to Julie Carpenter of Tahirih Justice Center and our other core group drafters, and to all the organizations that signed on.
Amicus Brief NDC (March 22, 2017)
Proposed Brief for Tahirih Justice Center at al. Amicus Curiae in Support of Plaintiff's Motion for Preliminary Injunctions.
Amicus Brief to the Supreme Court - Castleman (December 23, 2013)
Amicus brief filed by ASISTA Immigration Assistance, the Immigrant Defense Project, the Immigrant Legal Resource Center, the National Immigration Project of the National Lawyers Guild, and the Washington Defender Association in Support of Respondent.
Amicus Brief on U Visa as Admission (May 9, 2016)
This is an amicus brief submitted by AIC, AILA, ASISTA, APIGBV, CLINIC, and other national advocacy organizations discussion whether a U visa constitutes an admission under the INA.
Amicus Briefs U Visas Cases in Proceedings (d)(3) Waivers
Amicus Brief Baez-Sanchez 7th Circuit (March 13, 2017)
Amicus brief filed by Americans for Immigrant Justice, ASISTA, Asian Pacific Institute on Gender-Based Violence, End Domestic Abuse Wisconsin, Freedom Network USA, Illinois Coalition Against Domestic Violence, Indiana Coalition Against Domestic, and the National Network to End Domestic Violence. Click here to download the Amicus Brief Baez-Sanchez in Word version.
Counsel of record is a senior counsel at Davis Polk & Wardwell LLP. Associates at Davis Polk & Wardwell LLP also assisted in the preparation of this brief. Attorneys with the Stanford Law School Immigrants' Rights Clinic and the non-profit entities Community Legal Services in East Palo Alto and Sanctuary for Families further assisted in the preparation of this brief.
Amicus Brief Sunday (November 7, 2016)
Amicus brief in support of petition for rehearing or rehearing en Banc filed by Sanctuary For Families, ASISTA Immigration Assistance, New Jersey Coalition to End Domestic Violence, Asian Pacific Institute on Gender-Based Violence, Tahirih Justice Center, the Pennsylvania Coalition Against Domestic Violence, Community Legal Services in East Palo Alto, the National Immigrant Women’s Advocacy Project, the Immigrant Defense Project, and Jayashri Srikantiah (collectively, “Amici”). Click here to download the Amicus Brief Sunday in Word version.
Amicus Briefs/VAWA Self-Petitions
Amicus Brief VAWA Joint Residence (December 27, 2019)
This amicus brief, submitted to the Southern District of Florida, addresses USCIS's requirement that self-petitioners show shared residence with their abuser during the marriage. With deep gratitude to Prof. Rebecca Sharpless and law students Meredith Hoffman and Olivia Parise from the University of Miami School of Law's Immigration Clinic for their hard work on this brief. Click here to download the Amicus Brief in Word version.
Amicus Brief in the AG Certification of Matter of L-A-B-R Regarding Continuances in Immigration Court (May 2, 2018)
ASISTA, along with Asian Pacific Institute On Gender-Based Violence, Casa De Esperanza, Freedom Network USA, Futures Without Violence, National Alliance To End Sexual Violence, National Coalition Against Domestic Violence, Sanctuary For Families, Tahirih Justice Center, and Washington State Coalition Against Domestic Violence, submitted an amicus brief in the Attorney General certification of Matter of L-A-B-R- regarding the need for continuances in immigration court and that curtailing the ability of judges to grant continuances undermines the protections in VAWA. We are grateful to and for the tremendous efforts of Jeanne Barenholtz and Kara Steger at Garvey Schubert and Barer, P.C. for their pro bono representation in this effort. Click here to download the Amicus Brief in Word version.
Amicus Brief to AAO on VAWA Good Faith Marriage (February 2, 2015)
ASISTA Amicus brief in support of applicant' appeal of the denial of her I-360 VAWA Self-Petition. Click here to download the Amicus Brief to AAO on VAWA GFM in Word Version.
Amicus Brief to AAO on VAWA Good Faith Marriage (December 18, 2012)
ASISTA Amicus brief in support of applicant' appeal of the denial of her I-360 VAWA Self-Petition. Click here to download the Amicus Brief to AAO on VAWA GFM in Word Version.
Amicus Brief, Leiva-Mendoza 8th Appeal Circuit (August 13, 2010)
Amicus brief for the National Network to End Violence Agains Immigrant Women, Legal Momentum, the Family Violence Prevention Fund, and ASISTA Immigration Assistance Project, discusses extreme cruelty in the form of children witnessing abuse in the home, providing the history and purposes of VAWA as context and social science background.
Amicus Briefs 8 USC 1367 Arguments
Amicus Briefs/VAWA Cancellation
Amicus Brief of the NNEVAIW, Legal Momentum, FVPF, and ASISTA Immigration Assistance for the 8th Circuit (April 22, 2011)
Amicus brief of the NNEVAIW, Legal Momentum, FVPV, and ASISTA Immigration Assistance in support of respondent's appeal on remand from the United States Court of Appeal for the Eight Circuit.
Amicus Brief Sanchez vs AAO, Requesting the Court to Reverse the BIA Determination and Remand the Case for Consideration of Petitioner's VAWA Cancellation Application for the 7th Circuit (November 8, 2006)
Amicus brief submitted by the National Network to End Violence Agains Immigrant Women, written by Davis R. Fine, Kirkpatrick & Lockhart Nicholson, Graham LLP, Harrisburg, PA.
Amicus Briefs & Decisions on Extreme Cruelty
Decision Brief Luis-Hernandez, 9th Circuit Appeal (July 2013)
The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
Amicus Brief Luis-Hernandez, 9th Circuit Appeal (October 2012)
The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law, written by Thomas C. Means and Valerie Hinko, Crowell & Moring, Washington, D.C.
Amicus Brief Leiva-Mendoza, 8th Appeal Circuit (8/13/2010)
Amicus brief for the National Network to End Violence Against Immigrant Women, Legal Momentum, the Family Violence Prevention Fund and ASISTA Immigration Assistance Project, discusses extreme cruelty in the form of children witnessing abuse in the home, providing the history and purpose of VAWA as context and social science background.
Decision Brief Lopez-Umanzor, 9th Circuit Appeal (May 2005)
The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
Amicus Brief Lopez-Umanzor, 9th Circuit Appeal (July 2004)
The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law, written by Associate Director Gail Pendleton and submitted by the National Immigration Project of the National Lawyers Guild, Boston, MA.