Federal Litigation

In Supreme Court Case Chaidez v. United States, NIJC Argues that Immigrants’ Right to Effective Assistance of Counsel Existed Pre-Padilla When a noncitizen is charged with a criminal offense, it can have far-reaching consequences for them and their families.  Minor offenses, even those…

NIJC, the American Immigration Lawyers Association (AILA), and pro bono partner Jenner & Block LLP filed a brief as Amicus in Arizona, et al., v. United States of America at the U.S. Supreme Court.  The case is an appeal by the State of Arizona from a decision of the United States Court of…

NIJC filed suit against the Department of Homeland Security (DHS) to obtain information clarifying the circumstances of thousands of immigrant children who may have been unlawfully detained by U.S. Immigration and Customs Enforcement (ICE). Data released to NIJC under the Freedom of Information…

In Vartelas v. Holder, the Court considered whether the 1996 law changes retroactively affected the ability of lawful permanent residents to make brief visits abroad. Prior to the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), permanent residents could make brief trips…

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…

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…

Ms. Wu came to the U.S. legally as a child with her parents, but because of attorney incompetence they were ordered to depart the country when she was 11.  Further ineffective assistance led to a series of missteps as the family filed applications in the wrong place.  New counsel…

5th CircuitMr. 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…

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 agreement that specified that his…

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. …