Litigating Immigration Cases in Federal Court, 3rd Ed.

Litigating Immigration Cases in Federal Court, 3rd Ed.

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Litigating Immigration Cases in Federal Court, 3rd Ed.

Written by experienced litigator Robert Pauw, Litigating Immigration Cases in Federal Court provides the "how to" guidance for filing immigration lawsuits in federal court with an easy-to-use overview of the basic principles of judicial review of immigration cases and general administrative law principles that are relevant in immigration cases.

The Third Edition provides completely updated case law on the principles of judicial review, including important recent developments on "Chevron deference" and principles of retroactivity. In addition, there are new chapters covering (1) motions to reopen; (2) motions to suppress; (3) consular non-reviewability; and (4) an important recent distinction between "claim processing rules" and "jurisdictional rules."

Litigating Immigration Cases in Federal Court is an essential guide for individuals challenging immigration decisions in federal court. For persons filing a lawsuit in federal court for the first time, the book provides sample pleadings as well as guidance on arguments that the government typically makes in its attempt to dismiss lawsuits. For more experienced practitioners, the book provides "Quick Cites"-editorially vetted favorable cases (with quotes from the most relevant passages) that the author considers to be particularly useful in brief writing.

With Litigating Immigration Cases in Federal Court, you'll get professional advice on:

  • Major jurisdictional issues
  • When and where to file
  • Avoiding dismissal on jurisdictional grounds
  • Difficult jurisdictional issues
  • Case law and sample pleadings for briefing and responding to the government's motion to dismiss
  • and more!


"There are many treatises on administrative law, and most will mention several immigration law cases. But none of these treatises focuses specifically on administrative law principles in the context of immigration law. And there are many immigration law treatises, and most will mention cases involving issues of judicial review. But none explains in detail the principles of judicial review that will always arise in the context of litigating immigration cases. This book provides a detailed description of the constitutional and statutory framework, and the basic case law that one needs to be aware of in litigating immigration cases." — Robert Pauw, author

Litigation is no longer an option for immigration cases... it's a necessity!


ISBN 978-1-57370-337-6
April 2013
536 pages
SKU: 53-37

About the Author

Robert Pauw is an experienced immigration law litigator and partner in the Seattle law firm of Gibbs Houston Pauw. He has represented plaintiffs in many significant immigration cases, including:

  • Wayne Smith and Hugo Armendariz v. United States, Case No. 12.562 (IACHR 2010) (challenge to U.S. deportation policies adopted in IIRAIRA as violating the American Declaration on the Rights and Duties of Man);
  • Ruiz-Diaz v. United States, 618 F.3d 1055 (9th Cir. 2010) (nationwide class action lawsuit challenging USCIS policy of refusing to allow religious workers to file concurrent I-360/I-485 applications);
  • Perez-Enriquez v. Gonzales, 463 F.3d 1007 (9th Cir. 2006) (en banc) (establishing that individuals who obtained lawful permanent residence under the SAW legalization program are eligible for INA ยง212(c) waivers of deportation);
  • Lee v. Gonzales, Case No. C04-449 RSL (W.D. Wash. 2006) (class action lawsuit challenging naturalization denials based on lack of good moral character);
  • Quezada-Bucio v. Ridge, 317 F. Supp. 2d 1221 (W.D. Wash. 2004) (challenge to DHS policy of mandatory detention for certain noncitizens);
  • Immigrant Assistance Project v. INS, 306 F.3d 842 (9th Cir. 2002) (nationwide class action lawsuit challenging INS's interpretation of "known to the government" and "continuous unlawful residence" for purposes of the legalization program);
  • Gete v. INS, 121 F.3d 1285 (9th Cir. 1997) (class action lawsuit invalidating legacy INS vehicle seizure procedures);
  • Reno v. Catholic Social Services, 509 U.S. 43 (1993) (class action lawsuit challenging legacy INS implementation of the legalization program).

In addition to his book, Pauw's published articles include "Plenary Power: An Outmoded Doctrine," 51 Emory L.J. 1095 (2002); and "A New Look at Deportation as Punishment: Why at Least Some of the Constitution's Criminal Procedure Protections Must Apply," 52 Admin. L. Rev. (2000).

Pauw serves as an adjunct professor of immigration law at Seattle University School of Law. He is one of the founding members of the Northwest Immigrant Rights Project (NWIRP) in Seattle, and has served on the Board of Trustees of the American Immigration Council and the Board of Governors of the American Immigration Lawyers Association.

In recognition of his achievements, Pauw has received numerous awards, including AILA's Jack Wasserman Award for Excellence in Litigation, the NWIRP Amicus Award for the pursuit of justice for low-income immigrants and refugees, and the National Lawyers Guild's Carol King Award.

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