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Represented by Sidley Austin LLP and Northwestern Law School, NIJC filed an amicus brief at the United States Supreme Court arguing against excessive deference being given to the Board of Immigration Appeals. The brief argued that the Supreme Court should reject the Board's aggressive assertion of its power to reject federal court interpretations of immigration law, under the doctrine known as "Brand X." NIJC argued that administrative law boards ought not be able to reject the interpretations of law reached by the federal courts. It argued alternately that the Supreme Court ought to revisit the deference granted to the Board of Immigration Appeals in particular, because the Board lacks transparency in its decisionmaking (thus denying the public a voice), has no particular expertise that other agencies or courts do not possess, and has inadequate resources to do a competent job adjudicating the matters brought before it (as evidenced by a string of deeply flawed decisions).

The brief was filed in two consolidated cases, Holder v. Sawyers and Holder v. Gutierrez.  Oral arguments were held on January 18, 2012. On May 21, 2012, the Supreme Court held that "The BIA’s rejection of imputation is based on a permissible con­struction of §1229b(a). []" Read NIJC's blog on the opinion here.

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