Amicus Brief
ASISTA, AILA, & ICWC Amicus Brief 2024: Proper Analysis for ‘Qualifying Criminal Activity’
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…
Read MoreBIA 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…
Read MoreAmicus Brief in V.U.C., et al. v. USCIS (1st Circuit)(Dec. 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. Click here to access the amicus brief.
Read MoreGranados-Benitez v. Wilkinson (1st Cir) (unpublished- Jan. 28, 2021)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. Click on the links to access the Amicus Brief and the Decision.
Read MoreASISTA 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. See Amicus here.
Read MoreALERT: ASISTA submits Amicus on Erosion of Continuances and Admin Closure for Survivors of Violence
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…
Read MoreAmicus 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…
Read MoreAmicus Briefs filed at the 9th and the BIA on Sanchez-Sosa (July/November, 2019)
Many thanks to fellow authors: Nareeneh Sohbatian from Winston & Strawn LA, and Brigit Greeson Alvarez and Victoria Bonds (intern extraordinaire) from LAFLA. Click here for amicus filed at the 9th Circuit, and click here for amicus filed at the BIA. To download the briefs in Word version, click here for 9th circuit brief, and…
Read MoreNew Amicus Brief: Addressing Sanchez Sosa and Continuances for U applicants
Read new amicus brief on importance of continuances in Immigration Court, submitted in the Seventh Circuit.
Read MoreAmicus 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 in word version. We suggest you use this framework when making your “not-obvious” victim arguments.…
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