Impact Litigation

ASISTA's goal is to 1) coordinate impact litigation that challenges policies that endanger immigrant survivors and 2) expand our technical assistance to impact litigators wishing to incorporate immigrant survivors and their issues into their efforts to advance the rights of immigrants generally.

    ASISTA Litigation Resource Materials

    General Survivor Litigation Materials

    September 2017 Webinar: New Tools for Furthering/Defending the Rights of VAWA & U Crime Survivors: Let's Go to Federal District Court!

    We discuss creative ways to use various kinds of federal court filings to address the many barriers and challenges now facing immigrant survivors, including delays in decision-making, expanded detention and removal, and systematic misapplication of the law by CIS and ICE. We will review basic federal court concepts/issues you must address, and identify next steps you should take to build the skills you need to effectively help the survivors you serve.

    May 2018 ASISTA Presentation: Going to Federal Court

    Presented at the University of Memphis, Cecil C. Humphries School of Law by Julie Carpenter, Tahirih Justice Center; Kate Melloy Goettel, National Immigrant Justice Center; and  moderated by Gail Pendleton, ASISTA. 

    U Visa Delay Issues/Habeas for Survivors

    December 2019 Webinar: Stopping Survivor Removals

    We discuss skills and strategies for deterring and stopping survivor removals, including asking the federal courts to ensure your survivors are not removed while awaiting a USCIS decision on their cases.

    August 2019 Webinar After the new ICE Memo: Now how do we stop survivor removals?

    It appears that ICE will be significantly amending its practice on stays for U applicants, and we believe they plan to completely eliminate the prima facie (PF) system for Us, including those in detention and removal. Join us for a webinar on emerging strategies for stopping survivor removals in light of this in these developments. We will discuss strategies for both individual cases and litigation attacking elimination of the PF system.

    Presentation on U Visa Delay Litigation

    Presented by Stephen Manning: Bringing a Federal Action to Compel USCIS to Adjudicate U Visa Applications.

    EAD/Waitlist Issues

    October 2019 Presentation: Litigation for Survivors

    Presented by Richard Calderone (U EAD, habeas)

    Rodriguez v Duke

    Complaint. Click here to download the Complain in Word version

    Memo in support of summary judgment. Click here to download the memo in Word version.

    ASISTA amicus briefing 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. Click here to download the Amicus Brief on Bona Fide EAD for U Applicants in Word version.